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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.]
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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:
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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
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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.
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+ 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
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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
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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
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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
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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
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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
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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
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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
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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
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