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RPVCCA_CC_SR_2014_04_29_E_PSA_City_Mgr_RecruitmentCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS SEAN M. ROBINSON, HUMAN RESOURCES MANAGER~ APRIL 29, 2014 PROFESSIONAL SERVICES AGREEMENT FOR CITY MANAGER RECRUITMENT CAROLYNN PETRU, ACTING CITY MANAGE~ RECOMMENDATION 1) Authorize the Mayor and City Clerk to execute the professional services agreement with Bob Murray & Associates; and 2) Disband the City Manager Recruitment Firm Selection Ad Hoc Subcommittee. BACKGROUND In December 2013, City Manager Carolyn Lehr advised the City Council that she would not be pursuing an extension to her employment with the City beyond the term of the current agreement, which ends on June 30, 2014. On February 4, 2014, the City Council voted to create the City Manager Recruitment Firm Selection Ad Hoc Subcommittee (with Councilmembers Brooks and Campbell as sitting Subcommittee members). Throughout February and March, 2014, the Subcommittee reviewed the seven proposals submitted by the recruiting firms for the City Manager recruitment process. Of the seven proposals, the Subcommittee recommended four be interviewed by the full City Council. On March 31, and April 2, 2014, the City Council interviewed four executive recruitment firms to assist in the search and selection for a new city manager: o Alliance Resource Consulting LLC; o Avery Associates; o Bob Murray & Associates; and o Teri Black and Company. E-1 Professional Services Agreement for City Manager Recruitment April 29, 2014 Page 2 On April 15, 2014, the City Council selected the firm of Bob Murray & Associates to conduct the recruitment and directed Staff to bring back a Professional Services Agreement. DISCUSSION The attached contract has been reviewed and modified by the City Attorney to include the City's standard Professional Services Agreement provisions. As noted in the proposal submitted by Bob Murray & Associates, should the selected candidate be terminated within the first year of employment, Bob Murray & Associates will conduct the search again at no cost to the City of Rancho Palos Verdes (with the exception of expenses). Consistent with Bob Murray & Associates proposal submitted on February 19, 2014, the fixed cost of the contract is $17,500, with additional expenses (such as recruiter travel, clerical support, p'lacement of ads, credit, criminal, and civil background checks, educational verification, public records searches, postage, printing and photocopying) not to exceed $6,900. Therefore, the maximum contract amount is $24,400. The City's Personnel budget for FY 13-14, specifically in professional/technical services, was adjusted at the March 4, 2014 Midyear Financial Report to compensate for the additional cost associated with this Professional Services Agreement. As such, a budget amendment is not required. Staff recommends City Council approved the attached Professional Services Agreement, and authorize the Mayor to execute the appropriate agreement documents. Additionally, staff recommends the City Council move to disband, with its sincere gratitude, the City Manager Recruitment Firm Selection Ad Hoc Subcommittee as it has completed its assigned task. The next step in the recruitment process will be that Bob Murray will contact each Council Member individually to see what characteristics they would like to see in the new City Manager. At the May 14, 2014 Council Meeting, those characteristics will be discussed collectively, and Council can determine whether (and to what extent) public outreach will or will not be a part of the recruitment process. Attachments: • Professional Services Agreement with Bob Murray & Associates • Statement of Qualifications and Proposal Memorandum • Bob Murray & Associates Proposal to Conduct the City Manager Recruitment E-2 CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 29th day of April, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Bob Murray & Associates (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: The City Council is seeking to retain a firm to work with the City Council to conduct a recruitment to fill the position of City Manager for the CITY and to identify the qualifications and experience that will be necessary for candidates for that position. Upon the Council's determination of the minimum qualifications for the position, CONSUL TANT then will undertake the usual actions necessary to recruit the broadest number of candidates who are qualified for the position based upon the qualifications that were established. 1.2 Description of Services CONSUL TANT shall perform any and all necessary work in order to assist the CITY in recruiting and hiring a qualified City Manager, as described in the CITY's Statement of Qualifications and Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSUL TANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 1.3 Schedule of Work Upon receipt of a written Notice to Proceed from the CITY, CONSUL TANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSUL TANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay by CITY, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. Page 1 of 10 E-3 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSUL TANT an amount not to exceed twenty four thousand four hundred dollars ($24,400) for its services, as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSUL TANT of any disputed invoice amounts or claimed complet'ion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Acting City Manager prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of Hourly Rates, which is within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on April 30, 2014 and shall terminate when the new City Manager is hired by CITY, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSUL TANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent Page 2 of 10 E-4 contractors serving in the role of CITY officials, and volunteers (collectively "lndemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or omissions of CONSULTANT, its officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the lndemnitees. With respect to any and all such Claims, CONSUL TANT shall defend lndemnitees at CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against lndemnitees. CONSULTANT shall reimburse lndemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by CONSUL TANT or lndemnitees. All duties of CONSUL TANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.3 Automobile Liability CONSUL TANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.4 Worker's Compensation CONSUL TANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. Page 3of10 E-5 3.5 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the CITY if CONSULTANT receives a cancellation or policy revision notice from the insurer. (b) CONSUL TANT agrees that it will not cancel or reduce any required insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSUL TANT's expense, the premium thereon. 3.6 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSUL TANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3. 7 Primary Coverage The insurance provided by CONSUL TANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.15. (b) In the event of termination or cancellation of this Agreement by CONSUL TANT or CITY, due to no fault or failure of performance by CONSUL TANT, CONSUL TANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSUL TANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSUL TANT for the full performance of the services described in Section 2.1 of this Agreement. Page 4 of 10 E-6 ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSUL TANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSUL TANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSUL TANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSUL TANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said Page 5of10 E-7 document both in a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Acting City Manager or his or her designee, and Bob Murray shall be CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Audit The CITY or its representative shall have the option of inspecting, auditing, or inspecting and auditing all records and other written materials used by CONSUL TANT in preparing its billings to the CITY as a condition precedent to any payment to CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY. 6.4 Personnel CONSUL TANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSUL TANT's services under this Agreement. Bob Murray shall be the principal person who will perform CONSULTANT'S services under this Agreement. If Mr. Murray is unable to perform said services, CONSUL TANT shall advise CITY immediately and shall obtain CITY'S approval before replacing Mr. Murray with any other individual. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.5 CONSUL TANT's Representations CONSULTANT represents, covenants and agrees that: a) CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSUL TANT's full performance under this Agreement; and c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services Page 6of10 E-8 should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.6 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSUL TANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSUL TANT has been retained pursuant to this Agreement. 6. 7 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action between CITY and a party other than CONSUL TANT require the testimony of CONSUL TANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.8 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSUL TANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ, when it is appropriate and . customary to do so. 6.9 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over Page 7of10 E-9 the conduct of CONSUL TANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSUL TANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.10 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.11 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.12 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Page 8 of 10 E-10 6.13 Non-Waiver of Terms. Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSUL TANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.14 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.15 Notice Except as otherwise required by law, any notice, payment or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Responsible Person: Carolynn Petru, Acting City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSUL TANT: Responsible Person: Bob Murray, President Bob Murray & Associates 1677 Eureka Road, Suite 202 Roseville, CA 95661 [Signatures on next page.] Page 9 of 10 E-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ("CONSULTANT") By: Printed Name: Title: By: Printed Name: Title: Dated: CITY OF RANCHO PALOS VERDES ("CITY") By: Mayor ATTEST APPROVED AS TO FORM By: By: Page 10of10 E-12 CITY OF RANCHO PALOS VERDES CITY MANAGER RECRUITMENT MEMORANDUM The City of Rancho Palos Verdes invites qualified firms to submit a Statement of Qualifications and Proposal for consideration to provide services for the following project: EXECUTIVE SEARCH -CITY MANAGER Statement of Qualifications and Proposal for consideration must be received by Human Resources Manager Sean M. Robinson no later than 5:30 p.m. on Wednesday, February 26, 2014. The contract for the City Manager of the City of Rancho Palos Verdes expires on June 30, 2014. The City Manager is not seeking an extension to her contract and, as of February 1, 2014, the Deputy City Manager has assumed the responsibilities of the City Manager in an acting capacity, until a new City Manager is selected. The City Council is seeking a firm to work with the Council in identifying desired qualifications and experience necessary for the position of City Manager for the City of Rancho Palos Verdes. Upon determination of the minimum qualifications for the position, the recruitment agency would then undertake the usual actions necessary to recruit the broadest number of candidates qualified for the position based upon the set profile. City Council's expectation is that the recruitment portion encompassing the marketing and application submission phase would take no longer than 45 days. The recruitment agency would then be expected to submit a 'short list' of the 5-10 candidates that best meet the requirements for the position. The number of meetings between the City Council and the recruitment agency for determining the candidate profile and for scheduling the candidate interviews is to be determined upon receipt of the agencies' proposal. The Council expects that any proposal submitted would include, at a minimum, a recruitment guarantee of one year in the event the selected candidate proves unsatisfactory in her/his first year of employment. A City Council Subcommittee will interview those recruitment agencies it deems most qualified to manage the City Manager recruitment process. The selection of the successful agency and approval of the Professional Services Agreement will be made by the full Council. Any agency having questions with regard to this request for Statement of Qualifications and Proposal are to contact: Human Resources Manager Sean M. Robinson at 310.544.5331 or srobinson@rpv.com. Interested agencies should submit six (6) original copies of all materials to: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA. 90275 Attn: Sean M. Robinson, Human Resources Manager 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES WWW.PALOSVERDES.COM/RPV E-13 BOB MURRAY & ASSOCIATES EXPERTS IN EXECUTIVE SEARCH A PROPOSAL TO CONDUCT AN EXECUTIVE RECRUITMENT FORA City Manager ON BEHALF OF THE City of Rancho Palos Verdes phone 916·784·9080 fax 916·784·1985 1677 Eureka Road, Suite 202, Roseville, CA 95661 E-14 February 19, 2014 Mayor Jerry Duhovic and Members of the City Council City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 9027 5 Dear Mayor Duhovic and Council Members: Thank you for inviting Bob Murray & Associates to submit a proposal to conduct the City Manager recruitment for the City of Rancho Palos Verdes. The following proposal details our qualifications and describes our process of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a propos.ed budget, timeline, guarantee, and sample recruitment brochures. At Bob Murray & Associates, we pride ourselves on providing quality service to local governments. We have created a recruitment process that combines our ability to help you to determine the direction of the search and the types of candidates you seek with our experience recruiting outstanding candidates who are not necessarily looking for a job. Our proven expertise ensures that the candidates we present for your consideration will match the criteria you have established and will be outstanding in their field. With respect to the City Manager recruitment, Bob Murray & Associates offers the following expertise: + Our firm is familiar with the City of Rancho Palos Verdes and the community it serves, as we previously conducted your City Manager recruitment. We are also familiar with Los Angeles County and the surrounding region. We are currently conducting searches on behalf of the cities of Pico Rivera, San Fernando, and South Gate. We recently completed recruitments on behalf of the cities of Arcadia (City Manager and Human Resources Administrator); Commerce (Direct of Human Resources Director of Public Works and Development Services, Director of Safety and Community Services, and City Clerk); El Monte (City Manager); Inglewood (Chief Financial Officer and Police Chief); Manhattan Beach (Police Chief); Monrovia (City Manager); Monterey Park (City Librarian, City Manager, Director of Human Resources and Risk Management, and Director of Management Services); South Gate (City Manager); and West Hollywood (Accounting Services Manager and Information Technology Manager); as well as the Police Chief recruitment on behalf of Pasadena City College; the Chief of Airport Police recruitment on behalf of Los Angeles World Airports; and the Chief Financial Officer search on behalf of People Assisting the Homeless (PATH). Our knowledge of the region, its issues, and its outstanding quality of life will be an asset in presenting this opportunity to prospective candidates. E-15 + We have placed over 200 City Managers since our firm's inception in 2000. We are currently conducting City Manager recruitments on behalf of the cities of Oxnard, Pico Rivera, Rancho Cordova, and San Fernando, CA and the City of Phoenix, AZ. In the past three years, we have placed City Managers in the California cities of Albany, Arcadia, Atherton, Cathedral City, Chino, Chino Hills, Colton, Concord, El Monte, Fortuna, Hemet, Lake Elsinore, Loomis, Marina, Monrovia, Montebello, MoUn.tain View, Pittsburg, Rancho Santa Margarita, Salinas, San Marcos, Santa Ana, South Gate, St. Helena, Ventura, and Woodland, in addition to the cities of Arvada and Centennial, CO; Fort Lauderdale and Miami Beach, FL; Topeka, KS; Glendale and Tucson, AZ; and Dallas, TX. For a complete list of our previous City Manager placements, please see the enclosed client list. Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the next City Manager. A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about them is left undiscovered. We have candid discussions with references who have insight into the candidate's experience, style and ethics; conduct a search of newspaper articles; and run credit, criminal, and civil records reports. This ensures that the chosen candidate will not only be an excellent fit with the City of Rancho Palos Verdes, but also that the selected candidate will reflect positively upon your organization. To learn first hand of the quality of our service and our recruitment successes, we invite you to contact the references listed on page 9 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 should you have any questions. Sincerely, ~h Bob Murray President Bob Murray & Associates E-16 TABLE OF CONTENTS THE RECRUITMENT PROCESS ................................... 2 STEP 1 DEVELOPING THE CANDIDATE PROFILE ...................................... .2 STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE ........... .2 STEP 3 RECRUITING CANDIDATES ............................................................. 2 STEP 4 SCREENING CANDIDATES ............................................................. .2 STEP 5 PERSONAL INTERVIEWS ................................................................. 3 STEP 6 PUBLIC RECORD SEARCH ............................................................... 3 STEP 7 RECOMMENDATION ....................................................................... 3 STEP 8 FINAL INTERVIEWS ............................ ················ ............................ 3 STEP 9 BACKGROUND CHECKS /DETAILED REFERENCE CHECKS ............ .4 STEP 10 NEGOTIATIONS ............................................................................ 4 STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE .................................. .4 BUDGET AND TIMING ................................................. 5 PROFESSIONAL FEE AND EXPENSES ................•......................................... 5 TIJ\!IING ..........................................•.......................................................... 5 GUARANTEE ............................................................................................. 5 PROFESSIONAL QUALIFICATIONS ............................. 6 RE FE REN CES ................................................................ 9 E-17 THE RECRUITMENT PROCESS Bob Murray & Associates' unique and client oriented approach to executive search will ensure that the City of Rancho Palos Verdes 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 Rancho Palos Verdes'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 Rancho Palos Verdes. 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 Rancho Palos Verdes'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 Rancho Palos Verdes. 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. 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. City of Rancho Palos Verdes Page 2 E-18 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-Nexis™, a newspaper/ magazine search engine, Google, and local papers for the commi:inities in which the candidates have worked. This alerts us to any further 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 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. 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. City of Rancho Palos Verdes Page 3 E-19 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 their preferred list of contacts. At this stage in the recruitment we will also verify candidates' degrees. STEP 10 NEGOTIATIONS We re~ognize 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 will receive 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 Rancho Palos Verdes Page4 E-20 BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the City Manager recruitment on behalf of the City of Rancho Palos Verdes is $17,500 plus expenses. Services provided for in the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of Rancho Palos Verdes will be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project to be $6,900. Reimbursable expenses include such items as the cost of recruiter travel; clerical support; placement of ads; credit, criminal, and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expens.e estimate. 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. Task: Contract Start Date: Initial Meeting(s): Our firm develops recruitment brochure: City approves brochure: Job advertising and candidate sourcing: Our firm reviews application packets: Our firm conducts screening process: City approves candidates: City's interview panel convenes: Reference/Background Checks: Second Interviews by City, if necessary: Offer of Employment: GUARANTEE Week: TBD 1 week from contract start date 2 weeks from contract start date 4 weeks from contract start date 8 weeks from contract start date 9 weeks from contract start date 10 weeks from contract start date 12 weeks from contract start date 13 weeks from contract start date 14 weeks from contract start date 15 weeks from contract start date 16 weeks from contract start date We guarantee that should the selected candidate be terminated within the first year of employment we will conduct the search again at no cost (with the exception of expenses) to the City of Rancho Palos Verdes. We are confident in our ability to recruit outstanding candidates and do not expect the City of Rancho Palos Verdes to find it necessary to exercise this provision of our proposal. City of Rancho Palos Verdes Page 5 E-21 PROFESSIONAL QUALIFICATIONS BOB MURRAY, PRESIDENT Mr. Murray brings over 25 years experience as a recruiter. Mr. Murray is recognized as one of the nation's leading recruiters. He has conducted hundreds of searches for cities, counties, and special districts. He has been called on to conduct searches for some of the largest most complex organizations in the countty and some of the smallest. Mr. Murray has conducted searches for chief executives, department heads, professional and technical positions. Mr. Murray has taken the lead on the firm's most difficult assignments with great success. His clients have retained him again and again given the quality of his work and success in finding candidates for difficult to fill positions. Prior to creating Bob Murray & Associates, Mr. Murray directed the search practice for the largest search company serving local government in the country. Mr. Murray has worked in local government and benefits from the knowledge of having led an organization. Prior to his career in executive search he served as the City Manager for the City of Olympia, Washington. He has also served as an Assistant City Manager and held positions in law enforcement. Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administtation at California State University at Hayward. REGAN WILLIAMS, VICE PRESIDENT Mr. Williams brings 30 years of local government experience to Bob Murray & Associates. Most recently, he worked as a private consultant with Deloitte and Touche on various public sector assignments. Prior to that, he served as Director of Public Safety with the City of Sunnyvale, CA. Mr. Williams was involved in the development of some of Sunnyvale's most innovative programs and has a national reputation for excellence in law enforcement. He has been responsible for numerous recruitments throughout his career. Clients find his insight and expertise in recruitment and selection a valuable asset. Mr. Williams received his Bachelor of Science Degree in Administtation of Justice from San Jose State University. He is also a graduate of the FBI National Academy. City of Rancho Palos Verdes Page 6 E-22 VALERIE PHILLIPS, VICE PRESIDENT Ms. Phillips has over 15 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Ms. Phillips has expertise in the full recruiting cycle, from process design and outreach through candidate assessment and selection. She has placed senior-level candidates in a variety of industries and fields, including Finance, Information Technology, and Engineering. Ms. Phillips 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. Ms. Phillips has a passion for helping people, evidenced by her fundraising and efforts to raise awareness for organizations such as Autism Speaks and the M.I.N.D. Institute. JOEL ~RYDEN, VICE PRESIDENT Mr. Bryden has over 30 years of local government experience that he brings to the firm, having recently retired as the Chief of Police in Walnut Creek, CA. Throughout his career, Mr. Bryden has been involved in public sector consulting. He has vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government. Mr. Bryden has a solid reputation as a leader in the public sector, and clients find his ability to find and evaluate outstanding applicants invaluable. Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts degree in Communication from San Diego State University. FRED FREEMAN, VICE PRESIDENT Mr. Freeman brings over 24 years of local government experience to Bob Murray & Associates, with 11 years in the recruitment field. Mr. Freeman is a retired Chief of Police and has served as an elected official in local government. He has vetted hundreds of local governmental officials in the pre-employment process and conducted recruitments for positions in all sectors of public agency employment. In addition to his career in the law enforcement field, Mr. Freeman served as the Mayor and the Mayor Pro-Tem for the Los Alamitos City Council. Mr. Freeman has been a member of the Public Safety Policy Committee -California League of Cities; the Orange County Fire Authority Board of Directors; and the Orange Line Development Authority as the Vice-Chair. His unique perspective and experience, as both a member of executive city staff and as an elected official, provides exceptional results for our clients. Mr. Freeman is a graduate of the FBI National Academy and received his Teaching Credential from the University of California Los Angeles. City of Rancho Palos Verdes Page 7 E-23 SARAH KENNEY, PRINCIPAL CONSULTANT As Principal Consultant with Bob Murray & Associates, Ms. Kenney is responsible for development of recruitment materials, research, reference checks, and background verifications. Her focus is client service, and she works closely with clients to coordinate candidate outreach and ensure successful searches. Ms. Kenney brings over a decade of client service and management experience to Bob Murray & Associates. She uses her experience to ensure all parties involved are satisfied with every step of recruitment at our firm. Ms. Kenney received her Bachelor of Arts degree in Psychology from the University of California at Davis. AMBER.SMITH, SENIOR CONSULTANT As Senior Consultant with Bob Murray & Associates, Ms. Smith acts as a liaison between clients and candidates from beginning to end of each recruitment process. She is responsible for the development and distribution of position recruitment and advertising materials, client research, reference and background checks, responding to requests for proposals, and providing a broad range of support services for the recruiting team. Ms. Smith brings over 5 years of client-oriented customer service, administrative, and management experience to Bob Murray & Associates. She is committed to working as a partner with clients and candidates ID order to provide a quality service and experience. Ms. Smith received her Bachelor of Arts degree in Business Administration from La Sierra University, Riverside, California. ROSA GOMEZ, ADMINISTRATIVE MANAGER Ms. Rosa Gomez is the Administrative Manager at Bob Murray & Associates. Ms. Gomez is the first point of contact at Bob Murray & Associates and has extensive administrative experience. Ms. Gomez is known for her personal approach as she works closely with clients and candidates alike to ensure a successful search. As the first point of contact for Bob Murray & Associates Ms. Gomez's professional approach 1s of the highest caliber. City of Rancho Palos Verdes Page 8 E-24 REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted searches are listed below. CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: CLIENT: POSITION: REFERENCE: City of Cathedral City, CA City Manager Ms. Mayor Kathy DeRosa, (760) 770-0340 City of Chino Hills, CA City Manager, City Clerk, City Engineer, Community Development Director, and Finance Director Mr. Peter Rogers, Council Member and former Vice Mayor, (909) 364-2620 City of Concord, CA Director of Community and Economic Development, City Attorney, City Manager, and Police Chief Mr. Dan Keen, former City Manager, (707) 648-4576 City of Hemet, CA City Manager Mr. Robert Youssef, Council Member and former Mayor, (951) 765-2303 City of Laguna Beach, CA City Manager Mayor Elizabeth Pearson, (949) 497-7128 City of Rancho Palos Verdes Page 9 E-25