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HomeMy WebLinkAboutAgr 2005-09-09 (Bob Murray & Associates) AGREEMENT FOR PROFESSIONAL SERVICES EXECUTIVE RECRUITER SERVICES THIS AGREEMENT, made and entered this 9th day of September, 2005, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and BOB MURRAY & ASSOCIATES, hereinafter referred to as "Consultant," RECIT ALS A. The Town's Public Works Director/Town Engineer has submitted his resignation. The Town desires to retain a qualified and competent engineer to fill this vacancy, with strong technical skills and exceptional interpersonal and managerial abilities. B. The Consultant has a long record of successfully recruiting candidates for local government executive, including many Public Works Directors. Consultant has submitted a proposal, dated August 30, 2005, for recruiting a new Public Works Director/Town Engineer for the Town, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The parties wish to contract for the provision of services as described in this Agreement. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform the services described in Exhibit A ("Services"). 2. Compensation. Town agrees to pay Consultant as set forth in Exhibit A. Consultant's total compensation for the Services shall not exceed $24,400, without prior Town approval of an amendment to this agreement. The Consultant shall submit an invoice for payment at the completion of the Services, and the Town shall make payment within 30 days of receipt of the invoice. 3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 4. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. EXECUTIVE RECRUITER SERVICES 1 5. Attendance at Hearings. If requested by the Town Director of Administrative Services, Consultant shall appear at Councilor other hearings that pertain to the Services. Consultant shall be compensated at the rate of$75.00 per hour for such appearances. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies. The limits set forth below are not intended to 0 perate a s a limit to Consultant's liability under Sections 3 and 4 0 f this Agreement. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: (1) For bodily injury, $100,000 per person and $300,000 per accident; and (2) for damage to property, $50,000. 8. Ownership of Documents: Re-Use: Indemnity. For the purpose of this Agreement, "Documents" shall include text copy, graphics, code, disks, diskettes, CDs, and other written or electronic communications or data. All Documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said Documents are prepared for use only in connection with the Project described in Exhibit A. Consultant makes no representation that said Documents are suitable for re-use on any other project or on any expansion of the Project. Any such re-use by Town without specific written approval by Consultant shall be at Town's sole risk. Town shall indemnify and hold Consultant harmless from all claims, losses, damages and expenses, including attorneys fees, that may arise from Town's unauthorized re-use of said Documents for another project or for any expansion of the Proj ect. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the EXECUTIVE RECRUITER SERVICES 2 Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation equal to her hourly rate of$60/hour for any satisfactory work completed as determined by the Town. 12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Miscellaneous. A. Other Contract Provisions. To the extent that there are any inconsistencies with prior correspondence between the parties and the provisions of this Agreement, the latter shall prevail. B. Governing Law: venue. The laws of the State of California shall govern this Agreement. In the event that a dispute arises under this agreement, Marin County shall be the proper venue for any judiCial resolution of said dispute. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereofwould materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. EXECUTIVE RECRUITER SERVICES 3 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT Bob Murray & Associates TOWN OF TIBURON ~h Bob Murray, Principal APPROVED AS TO FORM //~~ ~j-------_. Ann R. Danforth, Town Attorney EXECUTIVE RECRUITER SERVICES 4 EXHIBIT NO..Jl '~' <{;" , {N\~ ~P~~N~C~~~~~ A PROPOSAL TO CONDUcr AN EXECUTIVE RECRUITMENT FORA Public Works Director/Town Engineer ON BEHALF OF THE T own of Tiburon phone 916.784.9080 fax 916.784.1985 1677 Eureka Road, Suite 202, Roseville, CA 95661 August 30, 2005 1\1r. Alex McIntyre Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Mr. McIntyre: Thank you for inviting Bob Murray & Associates .to submit a proposal to conduct the Public Works Director/Town Engineer recruitment for the Town of Tiburon. The following proposal details our qualifications and describes our process of identifying, recruiting and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and sample recruitment brochure. At Bob Murray and Associates, we pride ourselves on providing quality search to local governments. Through many years of experience, we have created an ideal recruitment process by combining our ability to help you to determine the direction of the search and the types of candidates you seek with our experience recruiting candidates who are not necessarily looking for a job and are doing well in their current position. Working with professionalism, integrity and personal attention, our team-oriented search process, in addition to 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 Public Works Director/Town Engineer recruitment, Bob Murray and Associates offers the following expertise: .... Bob Murray and Associates has an exceptional record of conducting recruitments for local government executives. With over 25 years of experience, we have conducted hundreds of searches for municipal and special district executives, including many Public Works Directors. Currently, we are conducting the Public Works Director recruitments on behalf of the aty of Los Banos, the aty of Galt, Tehama County, and Clark County, NV. In addition, we are currently conducting the Deputy Public Works Director/ Assistant City Engineer search on behalf of the aty of Pomona. Our recent recruitment experience includes the Director of Public Works recruitments for the California cities of Pico Rivera (Public Works Dire cto r/ City Engineer), Fresno, Half Moon Bay, Belmont, and Santa Cruz, in addition to Maple Valley, WA We also recently conducted the Public Services Director recruitment for Morro Bay and the Public Utilities Director recruitment for Aurora, m. Previous Public Works Director recruitments we have conducted in the past three years include the California cities of Fremont, Mountain View, Oceanside, Pasadena, Pie as anton, Sunnyvale, and Phoenix, AZ. Our knowledge of outstanding candidates and extensive network of contacts in the public works field will ensure that the Town of Tiburon has an outstanding group of finalists from which to select your new Public Works Director/Town Engineer. .... Our experience designing and conducting successful recruitment processes on behalf of cities, counties and special districts is unmatched in the field. Our process is specifically designed to meet your needs. We have developed and carried out numerous recruitment processes involving a wide variety of interests both inside and outside the organization. Should the Town so desire, we can develop a process that provides a forum for the panicipation of members of the Town CDuncil, Department I-Ieads, staff and representatives of the community, as appropriate, in both the development of the candidate profile, as well as the selection process. Our expertise includes designing interview strategies that involve these groups in the process, while ensuring that the Town Manager is able to make the final selection. In addition, we can facilitate the discussion among these groups that leads to a consensus concerning the ideal candidate. Our knowledge of how to develop an effective process that is suited specifically to the needs of the Town is unswpassed. .. Bob Murray & Associates is familiar with Marin County and the surrounding region. Grrrently, we are conducting the Director of Safety and Training on behalf of the Central Marin Sanitation Agency, and we previously conducted their General Manager search. Our most recent experience includes searches on behalf of the cities of Novato (Gty Manager and Police Chief), CDrte Madera (Town Manager), San Rafael (police Chief and Planning Director), the CDntra Costa CDunty Sanitation Agency (Secretary to the District and Collection Systems Operations Division Manager), and the Sanitary District Number 5 of Marin CDunty (District Manager). Our knowledge of the region, its issues and outstanding quality of life will be an asset in presenting this opportunity to prospective candidates. A significant portion of our process focuses on conducting thorough and confidential background investigations of 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 later, run credit, criminal and civil records reports on the top 2-3 individuals under consideration. This ensures that the chosen candidate will not only be an excellent fit with the Town of Tiburon, but also that he/ she 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, : ~Assoc~res TABLE OF CONTENTS THE RE CRUlTME NT PROCE SS ...................................2 STEP 1 DEVELOPING 1HE CANDIDATE PROFILE .......................................2 STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENfBRoa-IURE ............2 STEP 3 RECRUITING CANDIDATES ...... ....................... ............. ..... ........ ... ...2 STEP 4 Sc:R.EENING CANDIDATES ............. ................. .................. ........ ......3 STEP 5 PERSONAL INTERVIEWS.................................................................3 STEP 6 DETAILED REFERENCE OiEcxS .................... ................................3 STEP 7 REm~NDATION.......................................................................3 STEP 8 FINAL INTERVIEWS........................ ........................... .....................4 STEP 9 BACXGROUND Officxs..................................................................4 STEP 10 NEGOTIATIONS............. ...............................................................4 STEP 11 CoMPLETE ADMINISTRATIVE AsSISTANCE ...................................4 B 'UDG-E T ..AN"D TIMING................................................. 5 PROFESSIONAL FEE AND EXPENSES........................ ..................................5 TIWNG ..................................................................................................... 5 PROFESSIONAL QUALIFICATIONS............................. 6 REFERENCES.............................. ............... .........~......... 9 THE RECRUITMENT PROCESS Bob Murray and Associates' unique and client oriented approach to executive search will ensure that the Town of Tiburon has quality candidates from which to select the new Public Works Director/Town Engineer. Outlined below are the key steps in our reCruItment process. STEP 1 DEVELOPING THE CANDIDATE PROFILE Our understanding of the Town of Tiburon's needs will be key to a successful search. We will work with the Town Manager to learn as much as possible about the organization's expectations for a new Public Works Director/Town Engineer. We want to learn the values and culture of the organization, as well as understand the current issues, challenges and opportunities that face the Town of Tiburon. We also want to know the Town Manager's expectations regarding the knowledge, skills and abilities sought in the ideal candidate and will work with the Town 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 Town of Tiburon's needs, we will design an effective advertising campaign appropriate for the Public Works Director/Town Engineer recruitment. We will focus on professional journals that are specifically suited to the Public Works Director/Town Engineer search. We will also develop a professional recruitment brochure on the Town :Manager'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 Town of Tiburon. 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 Public Works Director/Town Engineer position to prospective candidates will be essential to the success of the search. Town of Tiburon Page 2 STEP 5 PERSONAL INTERVIE WS Town of Tiburon Page 3 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. 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 Public Works Director/Town Engineer 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 DETAILED REFERENCE CHECKS Following the interviews, the most qualified candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several years. Additionally, we make a point of speaking confidentially to individuals who we know have insight into a candidate's abilities, but who may not be on his/her preferred list of contacts. We will also conduct a review of published anicles for each candidate. Various sources will be consulted including Lexis- Nexis TM, a newspaper search engine. At this stage in the recruitment we will also verify candidates' degrees. STEP 7 RECOMMENDATION Based on the information gathered through meetings with your organization, personal interviews 'With candidates and reference checks, we will recommend a ' limited number of candidates for your further consideration. We will prepare a detailed written report on each candidate that focuses on the results of our interviews, reference checks and newspaper reviews. We will make specific recommendations, but the final determination of those to be considered will be up to you. STEP 8 FINAL INTERVIE WS T O'WIl of Tiburon Page 4 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. STEP 9 BACKGROUND CHECKS Based on final interviews we will conduct credit, criminal, civil litigation and motor vehicle record checks for the top one to three candidates. Any additional reference checks not completed because of a candidate's need for confidentiality will also be done at this time. STEP 10 NEGOTIATIONS We recognize the critical impoltance 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 Town Manager 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. BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the Public Works Director/Town Engineer recruitment on behalf of the Town of Tiburon is $17,500 plus expenses. Services provided for the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The Town of Tiburon will be responsible for reimbursing expenses Bob Murray and Associates incurs on your behalf. We estimate expenses for this project to be $6,900. Reimbursable expenses include such items as the cost of travel, clerical support, placement of ads, credit, criminal and civil checks, education verification, . as well as newspaper searches. In addition, postage, printing, photocopying, and telephone charges will be allocated. TIMING We are prepared to stan 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 stan of the search. Town of Tiburon Page 5 PROFESSIONAL QUALIFICATIONS BOB MURRAY, PRESIDENT 1\1r. Murray brings over 20 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 country and some of the smallest. Mr. Murray has conducted searches for chief executives, depanment 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 . 9uality of his work and success in finding candidates for difficult to fill pOSlt10ns. Prior to creating Bob Murray & Associates, Mr. Murray directed the search practice for the largest search practice serving local government in the country. 1\1r. 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 Gty Manager for the Gty of Olympia, Washington. He has also served as an Assistant Gty Manager and held positions in law enforcement. 1\1r. Murray received his Bachelor's degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at Oilifomia State University at Hayward. REGAN WILLIAMS, VICE PRESIDENT 1\1r. Williams brings 30 years of local government experience to Bob Murray and 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 Gty of Sunnyvale, CA. Mr. Williams was involved in the development of some of ~unnYVale'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. 1\1r. Williams received his Bachelor's degree in Administration of Justice from San Jose State University. He is also a graduate of the FBI National Academy. Town of Tiburon Page 6 Ms. Nitrio's diverse background includes extensive industry experience allowing her to successfully complete all aspects of an executive search with Bob Murray & Associates. Since joining Bob Murray & Associates in 1v1ay 2002, she has worked jointly with Mr. Murray on hundreds of searches. Town of Tiburon Page 7 ]ENNIFERNITRIO, MANAGER Ms. Nltrio has extensive experience working with.local government administrators and is know for her personal approach to executive search. She works closely with clients and candidates alike to ensure a successful search. Gents express again and again that it is always a positive and refreshing experience to work -with Ms. Nitrio. Ms. Nitrio is very active in the community and serves on the Board of Directors with two local non-profit organizations. Her contributions include forming partnerships with the business community, extensive grant writing, chairing large fundraising efforts, recruiting volunteers and writing articles and repoltS for the organizations. Ms. Nitrio received her Bachelor's degree in Ethnic Studies, summa cum laude, from California State University, Sacramento. She is a life member of the Phi Kappa Phi Honor Society and the Golden Key Honor Society. GRETALAW'SON, SENIOR CoNSULTANT Ms. Lawson actively contnbutes to Bob Murray and Associates' goal of providing exceptional customer service through close coordination with our clients. She conducts research, recruits candidates, and pertonns detailed background verifications, including reference checks, on candidates. She also serves as a liaison between candidates and clients in order to ensure an outstanding recruitment process that results in the selection of the clients' chosen candidate(s). Ms. Lawson is uniquely qualified to assist clients in all aspects of executive recruitment. WIth several years of industry experience, Ms. Lawson is noted for her customer service skills and follow through with clients and candidates alike. Ms. Lawson received her Bachelor's Degree in English from' California State University, Sacramento and is a life member of the Golden Key Honor Society. Town of Tiburon Page 8 RENEE NARLOCH, SENIOR CONSULTANT Renee Narloch has extensive experience in public sector recruitments nationwide. She was formerly employed by MAXIMUS as a senior consultant with sole responsibility for executive search effoItS in the Southeastern United States. She also worked in the Cost Allocation division providing governmental cost accounting and data management services to the public sector, including Alachua County, Florida. Ms. Narloch has ten years of experience in Executive Recruitment and has been involved in over 100 national searches. Prior to her recruitment career, she worked for three Fortune 500 companies in their sales, marketing and financial accounting divisions. Ms. Narloch has been responsible for all facets of recruitment including project management, recruiting candidates, conducting preliminary interviews and detailed reference inquires; and assisting clients in final interviews and negotiations. Residing in Florida, Ms. Narloch currently assists Bob Murray & Associates on an as needed basis with recruitments in the mid-west and east coast as well as with outreach effoItS on the west coast. Ms. Narloch received her Bachelors of Ans degree in Information Studies, summa cum laude, at Florida State University. REFERENCES aients and candidates are the best testament to our ability to conduct quality searches. aients for whom Bob Murray and Associates has recently conducted searches are listed below. CLIENT: POSITION: Gty of Los Banos, CA Public Works Director (current), Community Development Director (current) and Police Chief 1\1r. Steve Rath, Gty Manager, (209) 827-7000 REFERENCE: CUENT: POSITION: Gty of Pomona, CA DeputyPublic Works Director/ Assistant Gty Engineer (current) Mr. Chris Vogt, Public Works Director, 909-620-3665 Gty of Po-way, CA Public Services Director, Gty Manager, and Administrative Services Director Mr. Jim Bowersox, Gty Manager, (858) 668-4500 Tehama County, CA Director of Public Works and Chief Administrator 1\1r. Dan Fulks, Personnel Director, (530) 527-4655 REFERENCE: CLIENT: POSITION: REFERENCE: CUENT: POSITION: REFERENCE: CLIENT: POSITION: Oark County, NV Public Works Director (current), Assistant County Manager, and Comptroller Mr. George Stevens, Director of Finance, (702) 455-3545 or 1\1r. Thorn Reilly, County Manager, (702) 455-3540 REFERENCE: Town of Tiburon Page 9