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HomeMy WebLinkAboutBOB MURRAY & ASSOCIATES 4 -20151� f N- 2015 -025 DATE 20 CONSULTANT AGREEMENT C lf-- mrnne, U) 0 ?AK 0N HIS AGREEMENT is made and entered into this 10t day of January, 2015 by and between Bob Murray & Associates (hereinafter "Consultant "), and the City of Santa Ana, a charter city and mmiicipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge to perform employee recruitment services for the position of Executive Director of the Plarming and Building Agency. B, Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide recruitment services for the City for the position of Executive Director of the Planning and Building Agency. Consultant shall initially perform said recruitment services using an "outreach technique" as set forth in the Letter Proposal from Consultant dated January 1.5, 2015, attached hereto as Exhibit "A" and incorporated herein, If, at the sole discretion of the City, Consultant is unable to secure a satisfactory applicant or applicants for the position of Executive Director of the Planning and Building Agency by using an "outreach technique ", Consultant shall at the direction of the City conduct a, frill recruitment for said position, as outlined in the Consultant's Proposal dated January 5, 2015, attached hereto as Exhibit "B" and incorporated herein by reference, 2. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as total payment for its services in performing the initial outreach technique recruitment, the flat rate sum of $7,500.00 as identified in Exhibit "A ". B. If subsequently directed by the City to perform a full recruitment for the position of Executive Director of the Planning and Building Agency pursuant to Exhibit "B ", City agrees to pay, and Consultant agrees to accept as total payment for these services an additional sun of $10,000.00 plus reasonable reimbursable expenses not to exceed $6,500.00. C. The total suun to be expended under this Agreement shall not exceed $24,000.00 during the term of this Agreement. D. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Personnel and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Consultant shall maintain cormnercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of ,insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional . insured endorsement upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. E. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 3 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non- public information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement 9. NOTICE Any notice, tender, demand, delivery, or other comi-nunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: (714) 647 -6956 With courtesy copies to: Personnel Department City of Santa Ana 20 Civic Center Plaza (M -24) P.O. Box 1988 . Santa Ana, California 92701 4 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: (714) 647 -6515 To Consultant: Bob Murray & Associates 1677 Eureka Road, Suite 202 Roseville, CA 95661 Facsimile: (916) 784 -1085 Telephone: (916) 784 -9080 A party may change its address by giving notice in writing to the other party. Thereafter any notice, tender, demand, delivery, or other commrmication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 1.0. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 5 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: A. As a condition of such payment, the Executive Director of Personnel may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. B. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfoirriance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of his inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 16. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: =�,�D Maria D. Huizar City Cleric APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: /Y ° +' J& M. Funk Assistant City Attorney APPROVED AS TO CONTENT: E ward Sr kaya, Execu ve Director City of Santa Ana CITY OF SANTA ANA David Cavazos City Manager CONSULTANT Regan Williams, Vice President Bob Murray & Associates Tax ID: BOB MURRAY & A5'SCIGIATES EXPkp TB YNEXCCUTIVCSCAIXCM January 15, 2015 Mr. David Cavazos, City Manager Mr. Edward Raya, Executive Director of Personnel/Risk Management City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Via email:esmiley@santa- ana,org Dear Mr. Cavazos and Mr. Raya: This letter is to express Bob Murray & Associates' commitment in conducting the Executive Director of the Planning and Building Agency outreach process on behalf of the City of Santa Ana. The consulting fee for conducting the outreach on behalf of the City of Santa Ana is $7,500. Step 1 Utilize the Candidate Profile Provided by the City Step 2 Focused Outreach Step 3 Screening Candidates and Provide Feedback Step 4 Complete Administrative Assistance Please understand that if this outreach process is not successful we will conduct the full recruitment. The $7,500 will be included in the professional services fee listed in the proposal sent on January 5, 2015. Our process, our contacts and our experience will ensure you have a quality group of finalists from which to select your new Executive Director, Should you have any questions, please do not hesitate to call me at (916) 784 -9080. Sincerely, Valerie Gaeta Phillips President Bob Murray & Associates ( c'tlI', <(j , K� ��ur; i Ite. ✓\ q; 6 I EXHIBIT A BOB MURRAY & AA550CIATES EXOCRYC IN 6%rtCOTIVF SWARON A PROPOSAL TO CONDUC T AN EXECUTIVE t RE'CIttATWIENT' FOP AN I Execut:ivt° Director - Planning and Budding Agency ON 131- JIAI,F OF TI H:. City of Santa Ana EXHIBIT B January 5, 2015 Mr. David Cavazos, City Manager Mr. Edward Raya, Executive Director of Personnel /Risk Management City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Via ema l:esn- ley @sants,- an%.otg Dear Mr. Cavazos and Mr. Raya; Thank you for inviting Bob Murray & Associates to submit a proposal to conduct the Executive Director- Planning and Building Agency recruitment for the City of Santa Ana, The Followng 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. j 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 seep 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 Executive Director - Planning and Building Agency recruitment, Bob Murray & Associates offers the following expertise: Bob Murray & Associates has an unmatched record of success in recruiting local government professionals. With over 25 years of l experience, we have conducted hundreds of searches for municipal and special district executives, including many for professionals in the field of building /architecture and safety. We recently completed the Director of Planning and Building recruitment on behalf of the City of San Luis Obispo, s� Our other most recent experience includes Building Official searches on it ' behalf of the California cities of Arroyo Grande (Director of Building and Fire); Bakersfield; El Segundo (Director of Planning and Building); Modesto; Palo Alto; Sacramento (Process Manager — Building); San Francisco (Director of the Department of Building Inspection); Yuba City; as well as Tehama County, CA; the Las Vegas Convention and Visitors Authority, NV; the City of Grants �0 " Pass, OR; and the Nevada State Contractors' Board. In addition, we have conducted related recruitments on behalf the tides of Sacramento (Urban Design Manager) and Stockton (Deputy Community Development Director /Building); as well as Marin County (Deputy Director of Building & Safety) and the Centre City Development F?XHIBIT B Corporation (Senior Planner — Landscape Architect). Our knowledge of outstanding candidates and extensive network of contacts in the building field will ensure that the City has an outstanding group of finalists from which to select your new Executive Director of the Planning and Building Agency, N Bob Murray & Associates is familiar with Santa Ana having conducted searches on your behalf, We have experience in Orange County as we are currently conducting the Fire Chief recruitment on behalf of the City of Garden Grove. Our knowledge of the region, its issues and the 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 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 Santa Ana, 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 10 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,/ Valerie Gaeta Phillips President Bob Murray & Associates EXHIBIT B le TABLE OF CONTENTS 111F.' RECRUFFNfl!'Wr PROCESS—.— ....... 2 sit 111 A %I I ()P,\(, I I H MI "0, 11 PR, I h I Sit 1, 2 \ m I I,, I r'l At. 1(;N. 11\11 flwo( III lil I i P3 R I i RI, I tAH LKAW 11 I1 P 5 14 RM A 11 A H I I H W . ....... ... ,)I I P i" Pt '141 P RI (,( Im 1G! I I . 2 . . ..... ...... ..... . Sit rR InNi Kim wvs, ............. .. SII P9 fWaWy M)(AHq K? qb I \11.1 DRi,w RIB(. I (A c w .... .. 4 mi Q P I I ( MPH It UWA Is I A \I A V \SSI,l %\(I BUDGIA, AND 111MING ............................ pQ)H ....... .... . ........ .. ...... PROFF,SSIONAL QUAIARCA 11010 ............................ 3 REFERENCES ....... ........ 7 EXHIBIT B 'I 11I, iai';CRLII MtE N't PIZOCEISS Bob Murray & Associates' unique and client oriented approach to executive search will ensure that the City of Santa Ana has quality candidates from which to select the new Executive Director - Planning and Building Agency. Outlined below are the key steps in our recruitment process. S'lgtil' I Df.vucwim; I'IIF. CANDIDAI; C. PROF1I [F Our understanding of the City of Santa Ana's needs will be key to a successful search. We will work with the City Manager and the Personnel Services Department to learn as much as possible about the organization's expectations for a new Executive Director- Planning and Building Agency. 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 Santa Ana. We also want to know the City Manager and the Personnel Services Department'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. S Fi, 2.iD t GI, I F;), c;(,,SLMP'A I GN ANT) RECRC H M u'N 111ROCIR'1dG After gaining an understanding of the City of Santa Ana's needs, we will design an effective advertising campaign appropriate for the Executive Director - Planning and Building Agency recruitment. We will focus on professional journals that are specifically suited to the Executive Director- Planning and Building Agency search. We will also develop a professional recruitment brochure on the City Manager and the Personnel Services Department'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 Santa Ana. Si Fr3 IiILURd `II ING CAN M 'I'Iiti 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 fora new job and this is the person we actively seek: to convince to become a candidate. Aggressively marketing the Executive Director - Planning and Building Agency position to prospective candidates will be essential to the success of the search. EXHIBIT B 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. S "THP 5 PERSONAL 1'N'1ERVTE%X'S 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 Executive Director- Planning and Building Agency 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. STB'P G PUBLIC RLCORD SEARCH Following the interviews, we will conduct a review of published articles for each candidate. Various sources will be consulted including Lexis- NexisTM, a newspaper /magazine search engine, Google, and local papers for the communities in which the candidates have worked. This alerts us to any further detailed inquiries we may need to make at this time. S'rrP 7 Rr•: (sGIMENtt; ITON Based on the information gathered through meetings with your organization and personal interviews with candidates, we will recommend a limited number of candidates for your further consideration. We will prepare a detailed written report on each candidate that focuses on the results of our interviews and public record searches. We will make specific recommendations, but the final determination of those to be considered will be up to you. S I FTS FT NAL IN( FM tIM'S 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 wort: 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. EXHIBIT B `7 "I'F.P r) BAC KCIZ it Pi 11 CEIrU.kb / DiI i mi -jA) Rri t RENO: CHECK) Based on final interviews we will conduct credit, cruninal, 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. i? I tJI' 10 I'*1EG0 "Plr%`( 10 NS 1 We recognize the critical importance of successful negotiations and can serve as your representative during this process. We know what other organizations have done to put deals together with great candidates and will be available to advise you regarding current approaches to difficult issues such as housing and relocation. We will represent your interests and advise you regarding salary, benefits and employment agreements with the goal of putting together a deal that results in the appointment of your chosen candidate. Most often we can turn a very difficult aspect of the recruitment into one that. is viewed positively by both you and the candidate. 5rlslf 1.1 C onultr rr; AC)Niivi is r ttm ivil Asti,t� r3hctt: Throughout the recruitment we will provide the City Managcr and the Personnel Services Department with updates on the status of the search, We Nvill 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 1 twenty -four hours. Every administrative detail will receive out attention. Often, candidates judge our clients based on how well these details are handled. EXHIBIT B 13IJOGE F tVNi)'1'1"MINf._i PROF t SMONAL i t t. A,ND ["M 'l- NSFS The consulting fee for conducting the Executive Director- Planning and Building Agency recruitment on behalf of the City of Santa Ana is $17,500 plus expenses. Services provided for in the fee consist of all steps outlined in this proposal including three (3) clays of meetings on site. The City of Santa Ana will be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project to be $6,500. 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 expense estimate. T INUNG 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. EXHIBIT B I'ROF'FSS'f0NAL QUALIFIC A I'I<. NS BOB MI RRAY, I'M INDER 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 country 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 lacy enforcement. Mr. Murray received his Bachelor of Science Degree in Criminology from the ' University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward. EXHIBIT B S'ALURIL GAC I9 FlW LIP'S, PWt Stue.N I Ms. Gaeta 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. Gaeta 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. Gaeta 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. Gaeta Phillips has a passion for helping people, evidenced by her fundraising and efforts to raise awareness for organizations such as Autism Speaks and the IVI.I.N.D. Institute. Gm?Y PHll i- It's,1 xr.ctrrtvr: Vicu Psl,sutt;N't Mr. Phillips started his career with a New York based Fortune 100 company and quirky became a Senior Manager building and running a large customer service organization in New York and eventually in thirteen countries in Europe. He also served as a Director with a large Fortune 500 company and was responsible for developing and maintaining new and existing clients in Europe, Asia, and Australia. He then became Senior Vice President with a public enterprise software company. Some of his successes include building an organization from 2 to 250 people worldwide; acquiring 5 companies in two years; and growing a company from 300 to 1200 employees. Mr. Phillips was part of an executive acquisition and recruiting team where he helped build a start -up enterprise software company in San Francisco. He recruited top notch talent, and built a world class organization. The company was eventually sold to a Fortune 500 sofhvare company. Mr. Phillips has maintained customer relationships in the public sector, private sector, as well as medical, and financial institutions. He prides himself on finding key talent and offering the best: customer service to his clients. Mr. Phillips is involved in his community, as a soccer coach and as an organizer of fundraisers for Autism Speaks in Sacramento. bir. Phillips received his Associate of Science degree, as well as completed corusework at Rochester Institute of Technology, NY. EXHIBIT B RI C, vNi Wk [j,% wi SI'N; If) B V1 (If, Plu;sIoF.P. "I 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. W fliams 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 Administration of Justice from San Jose State University. He is also a graduate of the FBI National Academy. JOEL B E {i"I )F;N, VIC.(: J 'ki'Slt)hiNT Mr. Boyden has over 30 genes of local government experience that he beings to � the firm, having recently retired as the Chief of Police in Walnut Creek, CA. i Throughout his career, Mr. Bryden has been involved in public sector � consulting. He has vast experience in hiring and promotional processes, as well j as interviewing candidates for advancement in at[ aspects of local government. ' Mr. Bryden has a solid reputation as a leader in the public sector, and clients I find his ability to find and evaluate outstanding applicants invaluable. i Mr. Brydcn is a graduate of the FBI National Academy and obtained his Bachelor of Arts degree in Commurdcation from San Diego State University, F'R11D I ftl'.F:PG\N, VT( I. 1'RINDF',NI 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 Fine 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. EXHIBIT B d dtA N'D S l'tttS l'Ttr1- Sr�NZ)e. (Fti, I''r;INCl Pd 1. CO N5l IJ ANT As a consultant with Bob Murray & Associates, Nis. Urrutia- Sanders is responsible for research, candidate recruitment and screening, as well as reference checks and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Ms. Urnria- Sanders brings several years of industry experience as she worked for one of the nation's largest recruitment fonts. Her insight into the recruitment process is a valuable asset to Bob Murray & Associates. Ms. Urrutia- Sanders received her Bachelor's of Arts degree in Corrununications from the University of Wyoming, r \.,�:(131�'. ti Si�il'f k -C, 41iNIOk2 C:,C?Ntii`1; IrtN�1 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, adn-iinistrative, and management experience to Bob Murray & Associates. She is = committed to wonting as a partner with clients and candidates in 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. R05A fit) II:Z, A, DMI NI5It'o A t I � It N9 ANAG I Ja Nis. Rosa Gomez is the Administrative Manager at Bob Mutray & 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 N,lurray & Associates Nis. Gomez's professional approach is of ttue highest caliber. EXHIBIT B A 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. POSITION.' City Manager, Assistant Director of Planning and 1 Community Environment, Chief Building Official, City f CLIENT,, City of Corona, CA iC. POSITION: Associate Utility Engineer, City Manager, District Engineer, Finance and Administration Director Finance & Customer !' Service Manager, Finance Director, Human Resources Director, Human Resources Manager, Library Director, Parks and Community Services Director, Planning and ' Maintenance Manager, Police Chief, Regulatory Compliance Supervisor, Safety Division Manager, SCADA Supervisor, Senior Utility Engineer, and Utilities Facilities Maintenance Manager i{ REFERENCE: Mr, Jonathon Daly, Water and Power Department { - General Manager, (951) 736 -2477; or Ms. Kerry Eden, Finance Director, (951) 917 -5740 CLIENT. City of I- Iealdsburg, CA ?' POSITION Electric Utility Director, Planning and Building Director, and Finance Director REFERENCE. Ms. Marjie Pettus, City Manager, (707) 431 -3319 CLIENT.' City of Palo Alto, CA . POSITION.' City Manager, Assistant Director of Planning and 1 Community Environment, Chief Building Official, City f Attorney, Planning & Community Environment Director, s Police Chief, and Utilities Director. REFERENCE. Mr. Jim Keene, City Manager, (650) 329 -2392 �. . 1` 1.. City of Santa \na paga 10 EXHIBIT B GVPVE -1 OP ID: DIN �� CERTIFICATE OF LIABILITY INSURANCE NN 4TRR TYPE OF INSURANCE 0211'MIDDNYY 02/10/2415 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policAles) must be endorsed, if SUBROGATION it WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemenR s). PRODUCER ISU/Francis-Pinne y Ins. 2266 Lava Ridge Coun Ste 200 � �,�. –/���? P.O. Box 619050 Roseville, CA 95661.9050 Bruce Winning CONTACT- NAME: LIMITS r " o Ed : AICA AoD ILSS: .._..._...._____._._.........._.___.... ..____._....._......._.,....... INSURERS AFFORDING COVERAGE NAICM INSURERA: Sentinel insurance Company Ltd NSURED GVPVenturesInc., dba: Bob Murray &Associates 1677 Eureka Rd Ste 202 INsuRERs: Hartford Insurance Group 22357 INSURER C:Philadelphia Insurance Company X INSURER D: 57SBAS07707 PHSD960347 Roseville, CA 85661 INSURER a: eocc E'0 PREMISES RENT rranca $ 1,000,000 INSURER F: $ 10,000 _ PERSONAL& ADV INJURY COVERAGES CPRTIPIr`ATP MI Ifulpi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. NN 4TRR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LABILITY EACH OCCURRENCE -'-a) $ 2,000,00 A C X COMMERCIAL GENERAL UABILITY CLAIMS-MADE OCCUR Professional E &O X 57SBAS07707 PHSD960347 06M 612014 07M 0014 06/16/2015 07/1012015 eocc E'0 PREMISES RENT rranca $ 1,000,000 RED EXP(Anyone person) $ 10,000 _ PERSONAL& ADV INJURY $ 2,000,00 X Cims Made Retro OENERALAGGREGATE $ 4,000,00 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: P °' X LOC PRODUCTS- COMR /OP AGO $ 4,000,000 710114 $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO X 57SBABG7707 06/16/2014 06/16/2015 C37Nff JFa sccltlen SINGLE $ 2,000,00 BODILY INJURY (Par person) $ X ALL OS AUTOS AUTOS AVi05 HIRED AUT06 X AUTO NED UOOILY INJURY Per accident ( I 5 g Ep pq PP @RACCIOEAMAG $ X H -Ph s Dam Hired Ph vs Dam _ $ 50,60 UMBRELLA LEAD OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION AM EMPLOYERS' LIA81LITY ANY PROPRIETORIPARTNEI E)E ❑N CU WE YI OPRICEaryIn NH)FXCLUDE04 if Its Story IO NH) DESCRIPTION Nunder DESCRIPTION OF OPERATIONS helaw NIA 57WBCGG0320 06116/2014 06/16/2015 X CSTATU- 0TH. E.L. EACH ACCIDENT $ 1,000,00 E.L DISEASE- EAEMPLOYEE $ 1,000,000 E.L. DISEASE. POLICY LIMIT $� 1,000,000 —i— km r tJe { AC VIM 11 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHCLES (Adsch ACORD 101, Addict one Remarks Schedule, if more space . is required) ReOraitnent for ExeQUtive Dirceter Of planning & Building Annecy. The City Of Santa Ana, its officers, agents, employees and volunteers are qi i 1 included as additional insureds as required by written contract per attached `L.. endorsement. SANTAii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci4 of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Ms. Ellen Smiley 24 CIVIC Center Plata, 6th Fl AUTHORIZED REPRESENTATIVE Santa Ana, CA 82701 n T9RR.2n10 ACGRO CORDrTRATif1M AIf do hoe mmr.rnd ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 87$BABG7707 COMMERCIAL GENERAL LIABILITY F .r THI$ ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A' LTA211,0 '4i ':: 11 9 0: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Santa Ana, its officers, agents, employees and volunteers RE: Executive recruitment services for executive director of planning & building agency: (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement With respect to insurance organization shown in Endorsement, Condition replaced by following: 4. Otherinsurando. provided to the person or the Schedule of this 4. Other Insurance is If other valid and collectible insurance is.available for a loss we cover under Coverages A and B of this Coverage Part, our obligations are limited as follows: a. Primary insurance This insurance is primary and we will not seek contribution from other Insurance available to the person or organization shown in the Sohedule of this endorsement except when b. below applies. b. Excess Insurance This Insurance is excess over any of the other insurance whether primary, excess, contingent or any other basis: Form HC 24 08 11 94 (1) That Is Fire, Extended Coverage, Suilder's Risk, Installation Risk or similar coverage for "yourwotk•" (2) That Is Fire Insurance for premises rented to you; or (3) If the loss arises out.of the maintenance or use of aircraft, "autas" or watercraft to the extent not subject to Exclusion g- of Coverage A (Section 1). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other 'Insurer has a duty to defend.. If no other insurer defends; we will undertake to do so, but we will be entitled to the Insureds rights against all those other insurers. When this Insurance is excess over other insurance, we will pay Only our sharo of the amount of the loss, if any, that exceeds the sum of: ©1906 The Hartford Insurance Group (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, 1995) Page 1 of 2 (1) The total amount that all such other Insurance would 'pay for the loss in the absence of this insurance; and (2) The total of all deductible arid.seir- insurod amounts under all that other Insurance. We will share the remaining loss, if any, with any other Insurance that is not described in the Excess insurance provisions and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 2 of 2 c. Method Of8haring If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until It has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of Its applicable limit of insuranco to the total applicable limits of Insurance of all insurers. Form HC 24 08 11 94 THIS ENDORSEMENT 'CHANGES THE PDLICV. PLEASE READ IT CAREFULLY, This endorsement modifies Insurance provided undor the lalloMrlg; EUSINESS,LIABILITY COVERAGE FoFtM We waive any right of r000vory we may have against; 1, Any person or oroanizafian 3hcwh ill the Doofarations, or 2, Any person or organization with whom you have a nonfraot that regtdrea such walvar. Form SS 1215 03 00 Page 1 of 1 0 2000, The Hartford F9 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ThIs policy Is subject to the following additional Conditions: A. If this po0cyis cancelled by the Company, other than for non - payment of premium, notice of such cancellation will be provided at� least thirty ^(30) days In advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. 8. If this policy is cancelled by the company for nonpayment of premium, or by the. Insured, notice of such cancellation will be provided w@hinten'(10) days of the cancellation effoctive date to the oanificate holders) with malling addresses on file With the agent of record or the Company, If .notice is mailed, proof of mailing to:the last known mailing address of the certificate holder(s) on file with the agent of record, or the .companywill.be sufflclenl proof -or notice. Any notification rights provided by this endorsement apply only to active certiflcate holder(s) who were issued a certi0oate of insuranoe applicable to this policy's term. Failure to provide -such notice to the certificate holders) will not amend or extend the date the cancellation becomes effective, nor will it.negata.cancellation:of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives, Form 55 12 23 06 11 0 2011, The Hertford Pago t of 1 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY, WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 57 WBC GG0320 Endorsement Number: Effective Date: 06116115 Effective hour is the same a$ stated on the Information Page of the policy. Named Insured and Address: GvP vENTURES INC., 1677 EUREKA RD STE 202 ROSEVILLE, CA 95661 We have the right to recover cur payments from anyone liable for an Injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANISATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS 17ROM US Countersigned by Auti7orized Representativa Farm WC 00 0313 Printed in U,S,A Process Date: 09/29/15 Pclioy Expiration Date: 06/1.6/16