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HomeMy WebLinkAbout4.09 City Manager Position Search CITY CLERK File # D~[QJ~-[~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 18,2008 f Professional Services Agreement with Bob Murray & Associates to conduct an executive search for the position of City Manager. Report Prepared by: Julie Carter, Assistant to the City Manager SUBJECT: ATTACHMENTS: l. 2. Professional Services Agreement Budget Change RECOMMENDATION: l. ~ Authorize the City Manager to execute the Professional Services Agreement with Bob Murray & Associates Authorize Budget Change 2. FINANCIAL STATEMENT: The estimated cost including professional services and reimbursable costs shall not exceed $24,000. A budget transfer will be required from the budgeted contingent reserve. DESCRIPTION: The City Manager has announced that he will be separating from City employment. The City Council has reviewed proposals from three executive search firms to coordinate the timely replacement of this essential City position. Based upon the interviews and further review of client references, it is recommended that Bob Murray & Associates be awarded the Professional Services Agreement. As detailed in the attached proposal, Bob Murray, President will be assigned to Dublin for this recruitment. Mr. Murray has over 25 years of executive search experience and has successfully placed over 200 City Manager's throughout the western United States. Staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Bob Murray & Associates to conduct an executive search for City Manager and authorize a budget change. The total cost of the services shall not exceed $24,000. COPIES TO: Bob Murray and Associates I ~ I ITEM NO. '1:9 lo;f4 PROFESSIONAL SERVICES AGREEMENT This agreement is made by and between the City of Dublin (the City), and Bob Murray & Associates (the Consultant). A. Engagement: The City agrees to engage the Consultant to perform the services described below, the project described as an executive recruitment for a City Manager (the Search). B. Services: The Consultant agrees to perform certain services necessary for the completion of the search, which services shall include the following: a. Develop the Candidate Profile b. Develop Advertising Campaign and Recruitment Brochure c. Recruit Candidates d. Screen Candidates e. Conduct Personal Interviews f. Conduct Public Record Search g. Provide Recommendation h. Assist with Final Interviews 1. Conduct Detailed Reference Checks J. Assist with Negotiations k. Provide Complete Administrative Assistance As described in the proposal dated February 22,2008. C. Relationship: The Consultant is an independent contractor and IS not to be considered an agent or employee of the City. D. Compensation: As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed amount of $17,500 (seventeen thousand five hundred dollars). E. Expense Reimbursement: The Consultant shall be entitled to reimbursement for expenses from the City for consultant travel, advertising, printing and binding, clerical, long distance charges, postage and delivery, civil, criminal and newspaper checks, and credit checks. Postage, photocopying, and telephone charges are allocated costs. Expenses to be reimbursed shall not exceed $6,500 (six thousand five hundred dollars) without prior approval of the City. Copies of receipts will not be provided unless specifically requested and made part of this contract. F. Compensation for Additional Services: In the event the City elects to require additional services of the Consultant in addition to those described in paragraph B the Consultant shall be compensated at an agreed upon rate. 1 A TT ACHMENT 1 C:;O;f4 G. Method of Payment: The City shall be billed monthly by the Consultant for the work completed as of that date. Expenses shall be billed and due at the same time. H. Term: The term of this agreement shall commence on March 6, 2008, at which time Consultant shall begin work on the Search and shall continue until the search is completed. 1. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination. J. Indemnity: Except for loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, caused solely by the negligence of the City, its Council, boards, commissions, officers and employees, Consultant shall indemnify, defend and hold harmless the City, its Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorney's fees, regardless of the merits or outcome of any such claim or suit arising from or in any manner connected to Consultant's negligent act or omission regarding performance of services or work conducted or performed pursuant to this Agreement. K. Miscellaneous: a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent ofthe City. c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This agreement shall be governed by and construed in accordance with the laws of the State of California. 2 ATTACHMENT 1 3 ak 4 f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. Wherefore, the parties have entered into this agreement as of the later of the dates stated below. Approved: Dated: March 6, 2008 Bob Murray & Associates By: ~ ~..... Title: President 7 1677 Eureka Road, Suite 202 Roseville, CA 95661 Dated: March 18, 2008 City of Dublin By: Title: 3 ATTACHMENT 1 CITY OF DUBLIN BUDGET CHANGE FORM 4~4 CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfer: From Unappropriated Reserves (Fund) From New Revenues _~ From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other ... ~.. ......... ACCOUNT AMOUNT i) Al\IIlU ~T ...... Name: General Fund - Non-Departmental- Name: General Fund - Central Services- Budgeted Contingent Reserve Contract Services $ 24,000 $ 24,000 Account #: 001-10800-799-000 Account #: 00 I-I 0 120-740-000 Name: Name: Account #: Account #: Name: Name: Account #: Account :#: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Fin Mgr/ASD: c?J~~ "") Signature Date: ~I""~ REASON FOR BUDGET CHANGE ENTRY: This is a transfer, which does not increase the total budgeted funds. Funds will be transferred from the Budgeted Contingent Reserve to the Central Services Contract Services Account to fund professional recruitment expenses for the City Manager position, as presented to the City Council. Transfer of the Budgeted Contingent Reserve for this purpose requires City Council action per Resolution 110-07. City Manager: ~ i6 --_/ Date: "31 I (J I <.:e Signature As Approved at the City Council Meeting on: Date: 3/18/2008 Mayor: Date: Signature Posted By: Date: forms\hudgchl/g Signature ATTACHMENT 2