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HomeMy WebLinkAbout2019 CON Bob Murray and Associates - City Manager RecruitmentAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BOB MURRAY & ASSOCIATES THIS AGREEMENT is entered into on this 31 st day of January, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GVP VENTURES INC., a California corporation, d.b.a. "Bob Murray & Associates" (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide executive search firm services for the recruitment of City Manager for the City of National City. WHEREAS, the CITY has determined that the CONSULTANT is a public sector executive search firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to perform the executive search function and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE. This Agreement will become effective on January 3, 2019. 3. SCOPE OF SERVICES. The CONSULTANT shall perform those executive search services for a City Manger as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings mutually agreed to by the CITY and the CONSULTANT to develop a candidate profile (through meetings with the City Council and other identified stakeholders), discuss recruitment and selection strategy, conduct applicant review with the City Council, and to conduct the interview process. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Leslie Deese, City Manager hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gary Phillips, Executive Vice President thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be a one-time fee of $17,500, plus a not -to -exceed amount of $7,400 for reimburseable expenses as defined in Exhibit "A", for a total not -to -exceed amount of $24,900. The compensation for CONSULTANT'S work shall not exceed either $7,400 in reimbursable expenses or a total amount of $24,900 without the prior written authorization of the CITY. The CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONSULTANT. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any Standard Agreement Page 2 of 11 City of National City and Revised January 2019 Bob Murray & Associates residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. Standard Agreement Page 3 of 11 City of National City and Revised January 2019 Bob Murray & Associates 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the Standard Agreement Page 4 of 11 City of National City and Revised January 2019 Bob Murray & Associates CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT'S employees hereby waive any claims to benefits or compensation described in this Section. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT'S officers, employees, agents, and subcontractors are entitled for performance Standard Agreement Page 5 of 11 City of National City and Revised January 2019 Bob Murray & Associates of any work under this Agreement. Neither CONSULTANT nor CONSULTANT'S officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed Standard Agreement Page 6 of 11 City of National City and Revised January 2019 Bob Murray & Associates with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the Standard Agreement Page 7 of 11 City of National City and Revised January 2019 Bob Murray & Associates representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given Standard Agreement Page 8 of 11 City of National City and Revised January 2019 Bob Murray & Associates by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Gary Phillips Executive Vice President Bob Murray & Associates 1544 Eureka Road, Suite 280 Roseville, CA 95661 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts Standard Agreement Page 9 of 11 City of National City and Revised January 2019 Bob Murray & Associates as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, Standard Agreement Page 10 of 11 City of National City and Revised January 2019 Bob Murray & Associates the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager GVP VENTURES INC., A CALIFORNIA CORPORATION, D.B.A. "BOB MURRAY & ASSOCIATES" (Corporation — signatures of two corporate officers required) Yije1 By. 4i Valerie Phillips, President APPROVED AS TO FORM: Angil P. Morris -Jones By: ity Attorney By: oberto M. Contreras Deputy City Attorney Gary hill' s, Executive Vice Presiders Standard Agreement Page 11 of 11 City of National City and Revised January 2019 Bob Murray & Associates BOB MURRAY & Assoc IATES EXPCRT>a IN EXCCUTIVIr BCAN H A Proposal to Conduct an Executive Recruitment for the Position of CITY MANAGER on behalf of the CITY OF NATIONAL CITY 1544 I surcka Road, Suite 280 Roseville, (;,\ 95661 (916) 784-9080 (916) 784-1985 fax EXHIBITA December 21, 2018 Members of the City Council City of National City 1243 National City Boulevard National City, CA 91950 Dear Council Members: Bob Murray & Associates is pleased to submit a proposal to conduct the City Manager recruitment for the City of National City. The following details our qualifications and describes our systematic yet flexible —method of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and guarantee. At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms. Our recruitment process helps you to determine the direction of the search and the types of candidates you seek while capitalizing on our decades of experience and vast network of contacts to reach those candidates. Our expertise ensures that the candidates we present to the City of National City will match the criteria you have established, be a good fit for your organization, and be outstanding in their field. With respect to the City Manager recruitment and the City of National City, Bob Murray & Associates is familiar with the City of National City and the surrounding region, as we previously conducted your City Attorney recruitment. Our knowledge of the community and its outstanding quality of life will be an asset when conducting the City Manager recruitment. We have placed over 200 City Managers since our ficiu's inception in 2000. We are currently conducting City Manager recruitments on behalf of the cities of Elk Grove, Lincoln, Solvang, and Tracy, CA. Our extensive contacts and knowledge of exceptional candidates will ensure a quality group of finalists. Recent City Manager recruitments we have completed similar in size and scope to your upcoming search include the following: 2018 Lompoc, CA Madera, CA Roseville, CA (limited scope search) 2017 Adelanto, CA Alhambra, CA Atwater, CA Boulder City, NV Compton, CA Covina, CA El Centro, CA Grass Valley, CA Menifee, CA Marysville, CA San Fernando, CA San Gabriel, CA Santa Fe Springs, CA St. Helena, CA Willits, CA Windsor, CA (Town Manager) 2016 Bradbury, CA Chandler, AZ Commerce, CA (City Administrator) Dana Point, CA Gridley, CA (City Administrator) Greenfield, CA Imperial, CA Los Altos, CA EXHIBITA Manteca, CA Newberg, OR Novato, CA Pasadena, CA Rio Vista, CA Rosemead, CA Santa Paula, CA We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Mr. Gary Phillips, who would not only direct and supervise the project team from beginning to end but also serve as the Recruiter for the project as well. To learn first-hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 13 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 with any questions. Sincerely, Valerie Gaeta Phillips President, Bob Murray & Associates EXHIBITA TABLE OF CONTENTS THE RECRUITMENT PROCESS 2 STEP 1 DEVELOP THE CVNDIDATE PROFILE 2 Optional Service: Community and Ste Involvement 2 STEP 2 DESIGN/DISTRIBUTE BROCI IURE :AND ADVERTISEMENTS 2 Reaching Diverse Candidates 3 STEP 3 RI:CRur 1 C.\NDIDATEs 3 STEP 4 SCREEN CANDIDATES 4 SLIT 5 CONDUCT PRI?LIMINARY IN1'IR\'Il WS 4 STEP 6 SEARCH PUBLIC RECORDS 4 STEP 7 MAKE RECOMMENDATIONS 4 S['EP 8 FACILITATE: FIN,\I. INTERVIEWS 5 SI'I?P 9 CONIUCl' BACK(;RouND AND RIsF1?RI?NCI? CI IE(;Ks 5 STEP 10 ASSIST IN NEGOTIATIONS 5 COMPLETE ADMINISTRATIVE ASSISTANCE 6 COSTS AND GUARANTEE 7 PROM?ssl()N,aI. FEE AND ExPI?NSF5 7 Optional Services 7 GU.\R.\N'1'I?F 8 RECRUITMENT SCHEDULE 8 FIRM PROFILE 9 REFERENCES 13 EXHIBITA THE RECRUITMENT PROCESS Bob Murray & Associates' recruiters are specialists in finding the perfect fit, providing security and fairness to candidates and clients while ensuring the integrity of the search process. We understand that superlative recruiting for the City Manager will lead to superlative results for the City of National City. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search. STEP 1 DEVELOP THE CANDIDATE PROFILE Our understanding of the City of National City's needs will be key to a successful search. Mr. Gary Phillips will meet in person with the City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Manager position. We want to become familiar with the values and culture of the organization, as well as to understand the current —and future — issues, challenges, and opportunities in the City of National City. Mr. Phillips will review and help define the City's wish -list regarding the ideal candidate's personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Council and Mr. Phillips will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts. Optional Service: Community and Staf f`Involvement We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes. If the City of National City so desires, we will work with the City Council to create a customized community and/or staff input process. STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS Mr. Phillips and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of National City to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four -page, full -color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of National City that you feel best represent your organization and your community. Upon your approval, Mr. Phillips will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly Bob ;Murray & Associates Proposal for the Cite of National City Page 2 EXHIBITA and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference. Mr. Phillips will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, the "Jobs Available" newsletter, and the Careers in Government website will be used to reach an extensive local government audience, while position -specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Manager field. Suggested City Manager -specific advertising sources for the City of National City's search include: • ICMA Newsletter • California City Management Foundation ✓ California City News Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions. Reaching Diverse Candidates Bob Murray & Associates, a woman- and minority -owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity -focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women's Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field. Mr. Phillips will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of National City, to maximize the potential for individuals from a wide variety of backgrounds, cultures, and life experiences to be considered for the City Manager position. STEP 3 RECRUIT CANDIDATES The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time —time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the City Manager recruitment. Bob Murray & Associates Prnpnsal for the City of National City- Page EXHIBIT A STEP 4 SCREEN CANDIDATES Following the closing date for the recruitment, Mr. Phillips will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Mr. Phillips will discuss with the City Council how the City of National City wishes to proceed with these candidates. STEP 5 CONDUCT PRELIMINARY INTERVIEWS Mr. Phillips will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel -related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTime, or other convenient videoconferencing applications. During these in-depth interviews, Mr. Phillips will explore each candidate's background and experience as it relates to the City Manager position, such as significant accomplishments, size and scope of responsibility, and organizational culture. In addition, Mr. Phillips will discuss with the candidates their motivation for applying for the position and assess 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 SEARCH PUBLIC RECORDS Under the direction of Mr. Phillips, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis- NexisTM, Google, social media, and our contacts in the field. This will alert Mr. Phillips to any further detailed inquiries we may need to make before our recommendations are finalized. STEP 7 MAKE RECOMMENDATIONS Based on our findings during the preliminary interview process, Mr. Phillips will recommend a limited number of candidates for your further consideration. He will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you. We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision -making body includes: + Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates '# Summary of experience, education, and salary information for each Recommended Finalist candidate * Complete cover letter and resume for each Recommended Finalist candidate + List of OtherApplicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process) Bob Murray & Associates Proposal for the City of 'rational City Page 4 EXHIBITA Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications. STEP 8 FACILITATE 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 work with the City of National City to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Council and key stakeholders, community/employee interview panels, writing and presentation samples, meet -and -greets, or another specialized process element Mr. Phillips helps the City of National City to design. Mr. Phillips will be present on -site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing: + Recruitment brochure with candidate profile • Interview schedule r' Suggested interview questions '1 Experience summary, cover letter, resume, and rating form for each candidate • Ranking forms for use during the panel interview process 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 way the entire process is conducted will influence the final candidates' perception of your organization. STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS Mr. Phillips and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. 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. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate's abilities but who may not be on their preferred list of contacts. Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates' degrees. STEP 10 ASSIST IN NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Mr. Phillips knows what other organizations have done to put deals together with great candidates and what the current market is like for City Manager positions Bob Murray & Associates Proposal for the City of National City Page 5 EXHIBIT A in organizations like the City of National City's. He will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved. COMPLETE ADMINISTRATIVE ASSISTANCE We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of National City, we will provide you with updates on the status of the search and attend to all administrative details on your behalf. Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Mr. Phillips on behalf of the City of National City. It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Mr. Phillips will be available to the City of National City by office phone, cell phone, and email at any time to ensure a smooth and stress -free recruitment process. Bob Murray & Associates Proposal For the City of National City Page 6 EXHIBITA COSTS AND GUARANTEE PROFESSIONAL FEE AND EXPENSES The fixed, fiat professional services fee for conducting the City Manager recruitment on behalf of the City of National City is $17,500. Services provided for in this fee consist of all steps outlined in this proposal, including four (4) days of meetings on site and complete reference and background checks for up to three (3) final candidates. The City of National City will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $7,400. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit 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. In no instance will expenses exceed this estimate without prior approval from the City of National City. Expense reimbursement for candidate travel related to on -site interviews will be the responsibility of the City of National City. Professional Fees and Reimbursable Expenses Professional Services (Fixed Flat Fee) Reimbursable Expenses Example costs and approximate amounts include: Brochure Design and Printing ($1,275) Advertising ($3,000) Background Checks — 3 candidates ($550) Consultant Travel ($2,000) Other ex•enses — sue plies, shi• •in•, clerical $575 Not -to -Exceed Total $17,500 $7,400 Optional Serince.; • Community/Staff Input Forum: $1,500/day, plus travel expenses • Online survey with analysis of results: $250 * Additional on -site meeting days: $1,500/day, plus travel expenses i Additional background checks: $250/candidate • Additional reference checks: $500/candidate ✓ Other services: $250/hour or $1,500/day Bob Mfurrav & Associates Proposal f',r the Cite fNational City Page 7 EXHIBIT A GUARANTEE Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of National City with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of National City's behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal. RECRUITMENT SCHEDULE We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client. The final recruitment schedule will be determined in collaboration with City of National City. A typical timeline of tasks and events is included here for reference. NTonth 1 Week 1 Candidate Profile Weeks 2-4 Develop & Print Brochure Month 2 Week 5 Distribute Brochure Weeks 6-8 Continue Recruiting Screen Candidates Preliminary Interviews Week 11 Search Public Records Week 12 Recommend Finalists Rah \furr.iv s�ociare< i',-or`,,;ncc city „r �.iri�,n )l Finalist Interviews Weeks 13-14 Backgrounds & References Week 16 Candidate Appointment EXHIBIT A FIRM PROFILE OUR STAFF Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of six (6): • Bob Murray, Founder + Valerie Gaeta Phillips, President • Gary Phillips, Executive Vice President • Regan Williams, Vice President + Joel Bryden, Vice President • Amber Smith, Principal Recruitment Coordinator BOB MURRAY, FOUNDER Mr. Murray —known simply as "Bob" to his clients and candidates throughout the western U.S.— brings over 40 years' experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country —and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm's most difficult assignments with great success. His clients retained him again and again, given the quality of his work and success in finding candidates for difficult to fill positions. As our Founder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process. 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. VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since joining Bob Murray & Associates, Valerie has completed over 40 searches in a diverse range of fields, including city and general management, planning, finance, human resources, transportation, communication and public relations, community and economic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers. Valerie 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; she is also active in a variety of industry organizations and in diversity -focused Bob Murray & Associates Proposal fl ncc ('ir- \.irional City Page 9 EXHIBIT A associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one's online reputation, diversity issues in municipal and non-profit leadership, and how to identify a good "fit" for organizational culture. Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics. GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER Since joining Bob Murray & Associates, Mr. Phillips has completed over 50 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary's clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers. Gary started his career with a New York -based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees. As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world -class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients. Mr. Phillips, along with Ms. Gaeta -Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY. REGAN WILLIAMS, SENIOR VICE PRESIDENT AND RECRUITER Mr. Williams brings 30 years of local government experience to Bob Murray & Associates and has over 17 years of experience in executive recruitments with our firm. In his time with Bob Murray & Associates, Regan has conducted over 275 executive searches ranging from managers and department heads to City Managers, Executive Directors, and General Managers. If Regan were to have a recruiting specialty, it would be public safety positions: he has personally conducted over 60 Police Chief and 20 Fire Chief recruitments. Prior to joining Bob Murray & Associates, Regan served as Director of Public Safety with the City of Sunnyvale, CA. He was involved in the development of some of Sunnyvale's most innovative public safety programs and has a national reputation for excellence in law enforcement, as well as in law enforcement executive recruiting. Regan's clients find his prompt and personal attention, Bob Murrav & Associates Propoeal fnr the City of \:irional City - Page 10 EXHIBIT A insight, and expertise in recruitment and selection an asset. He is often called upon to recruit for difficult -to -fill law enforcement positions, such as the position of Police Chief or City Manager in challenging political environments. 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 BRYDEN, VICE PRESIDENT AND RECRUITER Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2012. Throughout his career, Joel has been involved in public sector consulting, with vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government. Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 50 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult -to -fill positions, such as Independent Police Auditor. Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA. AMBER SMITH, PRINCIPAL RECRUITMENT COORDINATOR As Principal Recruitment Coordinator with Bob Murray & Associates, Ms. Smith acts as a liaison between clients and candidates from beginning to end of each recruitment process. Under the direction of each client's assigned Recruiter, Amber 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. She also provides leadership for our in-house staff and is an invaluable resource. Amber brings over a decade of client -oriented customer service, administrative, and management experience to Bob Murray & Associates. Since joining our team in 2013, she has shown a commitment to working as a partner with clients and candidates to provide a quality service and experience. Ms. Smith received her Bachelor of Arts degree in Business Administration from La Sierra University, Riverside, California. Bob Murray & Associates Prnrncal f,r the City of -National City Page 11 EXHIBITA CORPORATION Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows: GVP Ventures, Inc. OR Bob Murray & Associates 1544 Eureka Road, Ste. 280 Roseville, CA 95661 (916) 784-9080 apply@bobmurrayassoc.com Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so. PROFESSIONAL ASSOCIATIONS Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of National City: • California Special Districts Association — Member • California City Management Foundation (CCMF) — Member • International City/County Management Association (ICMA) — Member ♦ League of California Cities — League Partner ♦ League of Women in Government — Sponsor/Member ♦ Municipal Management Association of Northern California (MMANC) —Sponsor/Member ♦ Municipal Management Association of Southern California (MMASC) —Sponsor/Member Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry -specific issues. Recent and upcoming speaking engagements and trainings provided by our staff include: '► "Role of the Chief" class, presented by Joel Bryden on behalf of the California Police Chiefs Association '+ "Standing Out from the Crowd with Your Online Reputation," presented by Valerie Phillips at the 2017 MMASC Annual Conference; and • Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month Bob Murray & Associates Proposal for the City of National City Page 12 EXHIBITA REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below. Client: City of Lompoc, CA Position: City Manager Reference: Mr. Gabriel (Gabe) Garcia, Human Resources Manager, (805) 875-8209 Client: City of St. Helena, CA Position: City Manager Reference: Mr. Alan Galbraith, Mayor, (707) 419-9367 Client: City of San Gabriel, CA Position: City Manager Reference: Mr. John Harrington, Mayor, jharrington aasgch.org We appreciate the City of National City's consideration of our proposal and look forward to working with you. Bob Murray & Associates BOB MURRAY & ASSOCIATES F x, �NT'i •.F xfl:.iTlvl Hraficp Proposal frhr the City r>f `rational City Page 13 EXHIBIT A . GVPVE-1 AC-CPIN,— CERTIFICATE OF LIABILITY INSURANCE �._..--- OP ID: D O01/24ATE IDDIYYYY) 01 r2ar2o1 s 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifcate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 endorsement(s). PRODUCER 916-773-3800 ISU/Francis-Pinney Ins. 2266 Lava Ridge Court Ste 200 P.O. Box 619050 Roseville, CA 95661-9050 Bruce Winning hAreCT Dianne Nielsen PHONE 916-773-3800 FAX 916-773 4484 (AIC, No, Ext): (AIC, No): 'I ass: INSURER(S) AFFORDING COVERAGE NAIC X INSURERA: Philadelphia Insurance Compan 18058 INSURED GVP Ventures Inc., DBA: Bob Murray & Associates 1544 Eureka Road, Ste. 280 Roseville, CA 95661 INSURER B: Hartford Insurance Group 22357 INSURER C : Sentinel Insurance CompanyLtd 11000 INSURERD: INSURER E : INSURER F : • MBER: 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADO& INSD SUER WVD POLICY NUMBER POLICY EFF (MMIDDrYYYYI POLICY EXP (MMIDIZIYYYY) LIMITS A C X COMMERCIAL GENERAL LIABILITY y y PHSD1363791 06116/2018 07/10/2018 06/16/2019 07/10/2019 EACH OCCURRENCE 2,000,000 $ ESORENTED PREMISES (Ea occurrence) PREMISES 1,000,000 $ CLAIMS -MADE X OCCUR57SBABG7707 MED EXP (Any one person) $ 10,000 X Professional E&O PERSONAL & ADV INJURY $ 2,000,000 Claims Made GENERAL AGGREGATE $ 4,000,000 GEN'L X AGGREGATE LIMIT APPLIES POLICY je& OTHER: PER: LOC PRODUCTS- COMP/OP AGG $ 4,000,000 Prof Liab $ 1,000,000 B AUTOMOBILE — _ X LIABILITY ANY AUTO OWNED AUTOS�EpONLY AUTOS ONLY X SCHEDULED AUTOS yy Ep AUTOS ONNLY Y 57SBABG7707 06/16/2018 06/16/2019 COMBINED SINGLE LIMIT )Ea accident) $ BODILY INJURY (Per person) $ 2,000,000 (Per accident) $ pBODILY INJURY IPeiacEcident�AMAGE $ $ _ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIE)€CUTIVE p�FI�ERlMEMg��EXCLUDED? (Mandatory In NH) It Yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA y 57WBCGG0320 06116/2018 0611612019 X STATUTE ERTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE- POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEI-CLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Executive recruitment of City Manager City of National City, its officers, officials, employees, and volunteers are included as additional insured(s) as required -by written contact per the attached endorsements. CERTIFICATE HOLDER NATI.13 City of National City clo Risk Manager 1243 National City Blvd National City, CA 91950-4397 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NU MBER: 57SBABG7707 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorrementmodinee Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULES Name of Person or Organization City of National City, its officers, officials, employees, and volunteers RE: Executive recruitment of City Manager Ono entry appeals above, information required to complete this endorserent will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Sedan II) Is emended to Include as an Insured the person or organization shown In the Schedule as an Insured but only with respect to !lability arising out of your operations o r premises owned by or rented to you. CG 20 28 11 85 Copyright, Insurance Ain -vices Oftce, Inc, 1E84 POLICY NUMBER: 57SBABG7707 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY ADDITIONAL INSURED AMENDMENT OF CONDITIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nam of Person or Organization: City of National City, its officers, officials, employees, and volunteers RE: Executive recruitment of City Manager (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 provided to the person or organization shown in the Schedule of this Endorsement, Condition 4, Other Insurance is replaced by the following: 4. Other Insurance. 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 Schedule 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 on any other basis: Forrn HC 24 0811 94 (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your work;" (2) That Is Fire Insurance for premises rented to you: or (3) If the Toss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I). 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 insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: Page 1 of 2 ® 1995 The Hartford Insurance Group (Includes copyrighted material of Insurance Services Office with its permission_ Copvrinht, Insurance Services Office. 1995) (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 and self -insured 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. c. Method of Sharing 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 insurance to the total applicable limits of insurance of ail insurers. Page 2 of 2 Form HC 24 0811 94 57SBABG7707 THIS ENDORSSEIVENT CHANGES THE POUCY. PLEASE READ IT CARERALY. WAIVER OF SUBROGATION This erxbrsement mod'fies instance presided alder the following: BUSINESS LWBLITY COVERAGE FORM We waive any right of recovery we may have against 1. Any person or orrenization shown in the Declarations, or 2. Any person or organization with whom you have a oorxract that requires such waiver. Forrn SS 121503 CO Pape 1 of 1 © 2000, The Hartford 57SBABG7707 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy Is 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. 13. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice Is rnalled, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were Issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to sand notice shall Impose no liaaty of any kind upon the Company or its agents or representatives. Form SS 12 23 0611 © 2011, The Hartford Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WBC GG0320 Endorsement Number: Effective Date: 06/16/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: GVP VENTURES INC., 1544 EUREKA RD STE 280 ROSEVILLE CA 95661 We have the right to recover our 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 05/07/18 Policy Expiration Date: 06/16/19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 57 WBC GG0320 Endorsement Number: Effective Date: 06/16/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: GVP VENTURES INC., 1544 EUREKA RD STE 280 ROSEVILLE CA 95661 This policy is subject to the following additional Conditions: A. If this policy is 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. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing 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 Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form WC 99 03 94 Printed in U.S.A. Process Date: 05/07/18 Policy Expiration Date: 06/16/19 0 2011, The Hartford CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk February 7, 2019 Mr. Gary Phillips Executive Vice President Bob Murray & Associates 1544 Eureka Road, Suite 280 Roseville, CA 95661 Dear Mr. Phillips, On January 31S`, 2019, an Agreement was entered into between the City of National City and GVP Ventures, Inc., d.b.a. Bob Murray & Associates. We are forwarding a fully executed original Agreement for your records. Michael R. Dalla, CMC City Clerk Enclosure