Bob Murray & Associates ~ C170033 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: Executive Search—Police Chief Recruitment Number:
Contractor: Bob Murray &Associates Contract Total: $35,000.00
Contract Overs ieu-: Contractor to provide professional recruitment and background investigation
services in search of the M's next Chief of Police
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate 2 Loa.
Risk Reduction Steps: Contractor has appropriate level of insurance.
Risk Comments:
Risk Signature:
C=ontract Managci: Dana Bennett Ext; 2453 Department: HR
TTpe: ❑ Purchase:agreement ® Personal Service ❑ General Seerrice,, ElPublic Improve ent
ElIGA ❑ Other: Start Date-'d ` End Date
Quotes/Bids/Proposal: "Ico A- AMOUNT/SCORE
Account String: Fund-Division-Account Work Order—A tivin Tyke Amount
FY 16-1 I 100-4000-54001 35 000.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: &.1 -,A..2 ,�.--
Purchasing Comments: �A &ASN'\aS tel-iY- 1S Qt ccg e 5,
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Purchasing Signature:
City Manager Comments: L�
City Manager Signature: �
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
ExECUTrVE SEARCH—POLICE CHIEF RECRUITMENT
THIS AGREEMENT made and untered into this 23"' day of October, 2016 by and between the
Citi- of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Bob
Murray and Associates,hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2016-2017 fiscal year budget provides for services related to recruitment
activities;and
WHEREAS, City has need for the services of a company with a particular training, ability,
knowledge,and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City dos hereinafter require,under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor shall initiate services immediately upon receipt of City's notice to proceed
together with an executed copy of this.kgreement. Contractor agrees to complete work that
is detailed in Exhibit A and by this reference made a part hereof. Any and all work assigned
by the City will be contained in subsequent scope of work as needed.
2. EFFECTIVE DATE AND DURATION
This _Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on March 1,2017.All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A
for performance: of those services described herein and in any subsequent agreements that
arise from the work under this -Agreement. The total amount paid to the Contractor by the
City shall not exceed Thirty-five Thousand and No/100 Dollars ($35,000.00) including the
cost of an on-site background investigation contracted through Murray and Associates for
the City's finalist candidate(s). Any and all payments made to the Contractor shall be based
upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement
includes a Consulting fee of Seventeen Thousand Five,Hundred and No/100 Dollars
($17,500.00) plus expenses. Expenses are estimated at $7,400 to include the cost of
recruiter trati el, clerical support; brochure development; placement of ads; credit,
criminal and civil back ground checks; education verification; and public records
searches. Postage, printing, photocopying, and telephone charge's are all built into
the estimate provided for expenses. Other expenses would include travel. and direct
expenses for a final on-site background investigation.
Pagel
B. Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to
Contractor,for services performed or expenses incurred as of the date of the invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. Contractor shall not permit any lien o+•claim to be filed or prosecuted against the City
on am-account of an} labor or material furnished.
F. Contractor shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
G. If Contractor fails,neglects or refu;;es to make prompt payment of any claim for labor
or services furnished to Contractor or a subcontractor by any person as such claim
becomes due,City's Finance Director may pay such claim and charge the amount of
the payment against funds due or to become due the Contractor. The payment of
the claim in this spanner shall not relieve; Contractor or their surety from obligation
with respect to any unpaid claims.
H. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one v:eek except for individuals under the contract who are
excluded under. ORS 653.010 to 653.261 o-under 29 USC sections 201 to 209 from
receiving overtime.
1. Contractor shall promptly, as due, make payment to any pcxson, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of
Contractor or all sums which Contractor agrees to pay for such services and all
moneys and sums which Contractor collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing
or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding during future
fiscal years Shall b:: subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Contractor
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prior to termination of this .agreement by Contractor or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment
of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of
any subcontractors and of all persons employed by them,and neither the approval by City of
any subcontractor nor anything contained herein shall be deemed to create any contractual
relation between the subcontractor and Citi,.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor
is and shall be deemed to be an independent contractor as defined b; ORS 670.600
and not an employee of City,shall not be entitled to benefits of any kind to which an
employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore,in the event that Contractor is found by a court of law
or any administrative agency to be an employee of City for any purpos::,City shall be
entitled to offset compensation due, or to demand repaymr-.nt of a.ny amounts paid
to Contractor under the terms of this Agreement,to the full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will
receive ani remuneration of any description from Contractor, either directly or
indirectly,in connection with the letting or performance of this Agreement,except as
specifically declared in writing.
If this payment is to be charged against Federal funds,Contractor certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his or her normal charge for the type of service provided.
Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
C. Contractor certifies that it currently has a City business license or will obtain one prior
to delivering serN-ices under this Agreement.
D. Contractor is not an officer, employee, or agent of the City as those terms are used
in ORS 30.265.
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7. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state and local la-,vs, it being understood that
acceptance of a contractor's work by City- shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and witness
costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies) that may be asserted by any person
or entity which in any way arise from, during or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification .;hall also cover claims brought against the City
under state or federal worker's compensation laws. If any aspect of this indemnity shall be
found to be illegal or invalid for any reason whatsoever, such illegality or im.-alidity shall not
affect the validity of the remainder of this indemnification.
8. INSURANCE
Contractor and its subcontractors shall maintain insurance acceptable to City in frill force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder,incl,iding the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain,at contractor's expLnse,and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an"occurrence"form(CG 20101185 or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General.Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence: $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (kny one person) $5,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term
of the contract, Commercial .Automobile Liability coverage including coverage for all
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owned,hired, and non-owned vehicles on an "occurrence' form. The Combined Single
Limit per occurrence shall not be less than $1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of
the contract, business automobile liability coverage for all owned vehicles on an
"occurrence" form. The Combined Single Limit per occurrence shall not be less than
.$1,000,000.
C. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
=porkers-%ho work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employe.,s, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Rest rating of "A-VII" or better, or equivalent. The City reserves the
right to reject all or ani insurance carrier(s) v.ith an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider u Nether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must
provide evidence of such self-insurance. The Contractor must provide a Certificate of
Insurance showing evidence of the coverage amounts on a form acceptable to the City.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
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of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer,employee or agent of the City as those terms are
used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution and errors and omissions policies required by this
contract.
� certificate in form satisfactory to the City certifying to the issuance of such insurance
vill be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SAX'I call Blvd.
Tigard., Oregon 9722
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Nottix-ithstanding said insurance, Contractor shall be obligated for the total
amount of any damage, injury, or loss caused by negligence or neglect connected with this
contract.
9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail or by fax. Payments may be made by pLrsonal delivery,mail,or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
Cin OF TL IGAWll Y,a;a vi=. ` A 'A 1iU AsFX..Lms
Attn: Dana Bennett Attn: Regan Williams
_Address: 13125 SW Hall Blvd )Lddress: 1544 Eureka Road,Suite 280
Tigard OR 97223 Roseville,CA 95661
Phone: (503) 18-2453 Phone: (916) 784-9080
Fax: (503) 639-6795 Fax: (916) 784-1985
Email: duial�:.x"ti, _d-or.gox,_ Email: regariv,l hobrnur_Z s.,o,-.coin
Page 6
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid,or when so faxed,shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to
be given by giving written notice pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this.'agreement shall be effective unl.ss and until it is made
in writing and signed by both parties.
11. PROFESSIONAL SERVICES
The Cit; requires that services provided pursuant to this agreement shall be provided to the
City by a Contractor that does not represent clients on matters contrary to City interests.
Further, Contractor shall not engage services of an attorney and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Contractor represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Contractor shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Contractor shall have seven (7) days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agrcament may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Contractor. If Cit}' t.,rminates the contract pursuant to this
paragraph;it shall pay Contractor for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state,local,or other sources is not obtained and
continued at lei els sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds
2) If federal or state regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this agreement.
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3) I£ any license or certificate required by law or regulation to be held by
Contractor,its subcontractors,agents,and employees to provide the services
required by this Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition .in
bankruptcy is filed by or against Contractor, if a receiver or trustee is
appointed for Contractor, or if there is an assignment for the benefit of
creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Contractor, may-
terminate the whole or any part of this.Agreement:
1) If Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement,
or so fails to pursue the v7ork as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten (10) days or such other period as City
may authorize.
3) If Contractor fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Contractor shall not be exclusiti e and are in addition
to any other rights and remedies proN ided by law or under this agreement.
If City terminates this Agreement under paragraph(b),Contractor shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
an amount which bears the same ratio to the total fees specified in this Agreement as
the services satisfactorily rendered by Contractor bear to the total services othemise
required to be performed for such total fee; provided, that there shall be deducted
from such amount the amount of damages,if any, sustained by City due to breach of
contract by Contractor. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
15. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault
Page 8
or negligence on the part of the parties so disenabled,including but not restricted to, an act
of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic,
quarantine restriction,area-wide strike,freight embargo,unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten (10) days from the beginning of such delay,notify tho other party in writing of the
cause of delay and its probable extent. Such notification shall not bt the basis for a claim for
additional compensation. Each party shall, however,make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently
pursue performance of its obligation under the agreement.
16. NON-WAIVER
The failure of Cit- to insist upon or enforce strict performance by Contractor of any of the
terms of this .Agruement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
17. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state ci`il rights
and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the
kmericans with Disabilities Act of 1990, ORS 659A.142, and all regulations and
administrative rules established pursuant to those lays.
18. ERRORS
Contractor shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change)
work. Failur:. of Contractor to secure authorization for extra work shall constitute a waiver
of all right to adjustment in the contract price or contract time due to such unauthorized extra
work and Contractor thereafter shall be entitled to no compensation whatsoever for the
performance of such work.
20. WARRANTIES
\ll v7ork shall be guaranteed by Contractor for a period. of one year after the date of final
acceptance of the work by the owner. Contractor warrants that all practices and procedures,.
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this agreement.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the court may adjudge reasonable attorney fees
and court costs,including attorney's fees and court costs on appeal.
Page 9
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of
the laws of the State of Oregon. Any action or suits.involving any question arising under this
Agreement must be brought in the appropriate court of the Stare of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal,state and local laws,rules and regulations,
including,but not limited to,the requirements concerning working hours, overtime,medical
care, worker's compensation insurance, health care pavments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapters 279A, 279B and
279C, the provisions of which are hereby made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract,this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith..
25. AUDIT
Contractor shall maintain records to assure conformance with the; terms and conditions of
this Agreement, and to assure adequate performance and accurate expenditures within the
contract period. Contractor agrees to permit City, the State of Oregon, the federal
go-Ternment, or their duly authorized representatives to audit all records pertaining to this
Agreement to assure the accurate expenditure of funds.
26. SEVERABILITY
In the event any provision or portion of thisAgreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions
shall not be affected to the extent that it did not materially affect the intent of the parries
when they entered into the agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must snake payment promptly as due to persons supplying
Contractor labor or materials for the execution of the work prol.ided by this order.
Contractor must pay all contributions or amounts due from Contractor to the Industrial
Accident Fund incurred in the performance of this order. Contractor shall not permit any
lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of
any labor or material to be furnished. Contractor further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week,except in cases of necessity, or
emergency or where the public policy absolutely requires it, and in such cases, except cases
of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least
time and a half for all overtime in excess of eight (8) hours a day and for all work performed
on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts
Page 10
for personal services as defined in ORS 279A.055, any labor shall be paid at least time and a
half.for all hours worked in excess of forty (40) hours in any one week, except for those
individuals excluded under ORS 653.010 to 653.260 or under 29 LSC SS 201-209.
29. MEDICAL CARE AND WORKERS' COMPENSATION
Contractor shall promptly, as due,make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury, to the employees of such Contractor, of all sums
which the Contractor agrees to pay for such services and all moneys and sums which the
Contractor collected or deducted from the •wages of the employees pursuant to any law,
contractor agreement for the purpose of providing or paying for such service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
No waiver, consent, modification, or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties. Such waiver, consent, modification, or
change if made,shall be effective only in specific instances and for the specific purpose given.
There are no understandings, agreements, or representations, oral or written, not specified
herein regarding this agreement. Contractor, by the signature of its authorized
representative, hereby acknowledges that he has read this Agreement, understands it and
agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contactor has executed this Agreement on the date hereinabove first
written.
CITY
O/Fj TIGARD BOB MUR AND ASS I ES ULTING
By: ity Manager By:A thorized Agent of Contractor
Date Date
Page 11
EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
Bob Murray and Associates Consulting is hired to conduct a national executive recruitment to fill the
position of Chief of Police for the City of Tigard, on or before March 1,2017.
SCHEDULE MILESTONES
See attached Exhibit B
SCOPE OF WORK
See attached Exhibit C
COST/RATE ESTIMATES
Incorporated into Exhibit C,page 5; Budget and Timing
Page 12
Exhibit B
SCHEDULE MILESTONES
OCTOBER 24, 2016
CITY OF TIGARD, OREGON
POLICE CHIEF
ACTIVITY CONDUCTED BY DATE
On-site Recruiter Visit BM&A Nov 1-2, 2016
Candidate Profile BM&A/City Nov 7,2016
Brochures to print BM&A Nov 21,2016
Ad placement& Outreach BM &A Nov/Dec 2016
Recruitment close - Dec 28, 2016
Review resumes BM& A Dec 30,2016
Candidate interview s BM&A Jan 13,2017
Final Candidate Recommendations BM&A Jan 18-20,2017
-Recommendations and review of resumes with City
Panel Interviews City Jan 25-27, 2017
'"(Community Aleet/Greet, 13D Staf Questions, Profession LE, Community, andlor City Leadership Panels)
City Manager Interviews City Jan 2017
Background/Reference checks BM&A/City Jan/Feb 2017
*(aiminal, civil, c;edit checks&POST medical and psych;final on-sit;background contracted through BM
Candidate Selection City Jan/Feb 2017
Page 13
Exhibit C
SCOPE OF WORK
I'ItIIF'OSAI.'.I'O t.ONDI � "_` VN LX I-A- t IA'V.
t')*e B(JIAIX ()F I'III'
Ci l v „t' 3'i •:�r�l
Page 14 24
September 23,2016
Ms. Martv Wine, City Manager
City of Tigard
13125 SW Hall Blvd,
Tigard,OR 97223
Dear Ms.Wine:
Thank you for inviting Bob Murray &Associates to submit a proposal to conduct the Police Chief
recruitment for the City of Tigard. The following proposal. details our qualifications and describes
our process of identifiling, r_lcrwtina and screening outstanding candidates on your behalf. It also
includes a proposed budget, timeline,guarantee,and sample recruitment brochure.
At Bob Murray& associates,we pride ourselves on providing quality service to local governments.
We have created a recruitment process that combines our ability to help you to determine the
direction of the search and the types of candidates you seek with our experience recruiting
outstanding candidates who are not necessarily looking for a job. Our proven expertise ensures that
the candidates we present for your consideration will match the criteria you have established and will
be outstanding in their field.
With respect to the Police Chief recruitment,Bob Murray&Associates offers the following expertise:
+
With a national network of contacts and unparalleled experience conducting successful Police
Chief recruitments,Bob Murray&.associates is the West's premier executive search firm. Since
the firm's founding in 2000,v e have conducted over 150 Police Chief searches.We are currently
conducting Police Chief recruitments on behalf of the California cities of Alhambra, Capitola
Manteca,Salinas,Turlock,and Westminster.We are also recruiting the Police Chief for California
State University, San Marcos, as well as the Director of Public Safety recruitment on behalf of
the City of Sunnyvale, CA and the Chief of Police recruitment on behalf of the City of Lone
Tree,CO. a`'.'e recently completed Police Chief recruitments on behalf of the Los Angeles World
airports, the California cities of Arvin. Benicia, Cathedral Cit,'r, East Palo Alto, Fort Bragg,
Pacifica, Tehachapi, Tracy, and Vallejo; the City of aurora., CO; and recruitments on behalf of
California State Polytechnic Uni-crsity Pomona;California State University,San Bernardino;and
Humboldt State University, CA. The enclosed Client List details all of our prtvious Police chief
searches. Our extensive experience in Police Chief recruitments and our national network of
contacts will provide the City of Tigard with an outstanding candidate pool from which to select
the next Police Chief.
Out firm's experience in the State of Oregon is diverse and will be an asset when presenting
opportunitit-s to prospective candidates.We recently completed the recruitment for City Manager
on behalf of the City of Newberg. Our other most recent searches include the Police Chief for
the City of Klamath Falls,the Police Chief for the City of Lake Oswego,and the CEO/Executive
Dirtctor on behalf of Home Forward;we also conducted outreach efforts for the Police Chief
recruitment on behalf of the University of Ortgon. In the past,u e have conducted recruitments
on behalf of the cities of Albany,Ashland,Coos Bay,Eugene,Grants Pass,Gresham,Hillsboro,
Lake Oswego, Milwaukie, Roseburg, Salem, Springfield, and Tualatin; the counties of Benton,
Deschutes, Clackamas, Marion, and Washington; METRO, North Clackamas County Park and
Page 15 '
Recreation District, Oregon Cascades West Council of Govcxnments, Tualatin `"alley Fire &
Rescue, the University of Oregon, and the Washington County Consolidated Communication
Agency Our knowledge of your state,its issues,and its 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 2-0 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 Tigard, but also
that the selected candidate—v ill.reflect positi•-ely 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& lssocia.tes
Page 16
TABLE OF CONTENTS
THE RECRUITMENT PROCESS.......................................2
STEP l DEVELOPING THE CANDIDATE PROFILE.............................................2
STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE................2
STEP 3 RECRUITING CANDIDATES.................................................................2
STEP 4 SCREENING CANDIDATES ..................................................................2
STEP S PERSONAL INTERVIEWS.....................................................................2
STEP 6 PUBLIC RECORD SEARCH ..................................................................3
STEP 7 RECOMMENDATION...........................................................................3
STEP 8 FINAL INTERVIEWS............................................................................3
STEP 9 BACKGROUND CHECKS/DETAILED REFERENCE CHECI:S...................3
STEP 10 NEGOTIATIONS................................................................................3
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE......................................4
BUDGET AND TIMING ......................................................4
PROFESSIONAL FEE AND EXPENSES ..............................................................4
TIMING..........................................................................................................4
GUARANTEE..................................................................................................4
PROFESSIONAL QUALIFICATIONS................................5
REFERENCES.......................................................................8
THE RECRUITMENT PROCESS
Bob Murray &Associates' unique and client oriented approach to executive search will ensure that the City
of Tigard has quality candidates from which to select the new Police Chief. Outlined below are the key steps
in our recruitment process.
STEP 1 DEVELOPING THE CANDIDATE PROFILE
Our understanding of the City of Tigard's needs will be key to a successful search. We willwork with the City
Manager, as well as other stakeholders identified by the City, to learn as much as possible about the
organization's expectations for a new Police Chief. 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 Tigard.
We also want to know the Citv Manager's expectations regarding the knowledge, skills and abilities sought in
the ideal candidate and will work v ith the City to identify expectations regarding education and experience.
Additionally,we want to discuss expectations regarding compensation and other items necessary to complete
the successful appointment of the ideal candidate. The profile we develop together at this stage will drive,
subsequent recruitment efforts.
STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE
After gaining an understanding of the City of Tigard's needs,we will design an effective advertising campaign
appropriate for the Police Chief recruitment. We will focus on professional journals that are specifically suited
to the Police Chief search. We will also develop a professional recruitment brochure on the City Manager's
behalf that will discuss the community, organization,position and compensation in detail. Once completed,
we will mail the profile to an extensive audience,making them aware of the exciting opportunity with the City
of Tigard.
STEP 3 RECRUITING CANDIDATES
After cross-referencing the profile of the ideal candidate with our database and contacts in the field,we uill
conduct an aggressit e; outreach effort,including making personal calls to prospective applicants, designed to
identify and recruit outstanding candidates. We recognize that the best candidate is often not looking for a
new job and this is the person we actively seek to convince to become a candidate. Aggressively marketing
the Police Chief position to prospective candidates will be essential to the success of the search.
STEP 4 SCREENING CANDIDATES
Following the closing date for the recruitment,we will screen the resumes we have received. We will use
the criteria established in our initial meetings as a basis upon which to narrow the field of candidates.
STEP 5 PERSONAL INTERVIEWS
We xill conduct personal interviews .,ith 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 Police Chief position. In addition, we will
discuss the candidate's motivation for apple ing 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
21
of the position if an offer of employment is made.
STEP G PUBLIC RECORD SEARCH
Following the interviews, we will conduct a review of published articles for each recommended candidate.
Various sources will be consulted including Lexis-NevisTM, a newspaper/rn.agazine search engine, Google,
and social media. This alerts us to any further detailed inquiries we may need to make at this time.
STEP 7 RECOMMENDATION
Based on the information gathered through meetings with your organization and personal interviews with
candidates,we will recommend n limited number of candidates for l our further consideration. We will prepare
a detailed written report on each candidate that focuses on the results of our interviews and public record
search,.:s. We will make specific recommendations,but the final determination of those to be considered will
be up to you.
STEP 8 FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses
the qualifications of each candidate. We will adopt an approach that fits your needs,whether it is a traditional
interview, multiple interview panel or assessment center process. We will provide you v.7th suggested
interview questions and rating forms and will be present at the interview/assessment center to facilitate the
process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final
candidates.
We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is
to ensure that each candidate has a very positive experience, as the manner in which the entire process is
conducted will have an effect on the candidates'perception of your organization.
STEP 9 BACKGROLND CHECKS/DETAILED REFERENCE CHECKS
Based on final interviews we will conduct credit,criminal,civil litigation and motor vehicle record checks for
the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential
reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and
weaknesses,we will talk candidly with people who have direct knowledge of their work and management style.
We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several
bears. Additionally,we make a point of speaking confidentially to individuals who we know have insight into
a candidate's abilities,but who may not be on their preferred list of contacts. At this stage in the recruitment
we,will also verify candidates' degrees.
STEP 10 NEGOTIATIONS
We 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.
Wc:will represent your interests and adti-isc. you regarding salary, benefits and employment agreements with
the goal of putting together a deal that resultE.in the appointmc rit of your chosen candidate. Most often we
3 #
can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the
candidate.
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE
Throughout the recruitment v.'e will provide the City Manager with updates on the status of the search. We
will also take care of all administrative details on your behalf. Candidates will receive personal letters advising
them of their status at each critical point in the recruitment. In addition,we will respond to inquiries about
the status of their candidacy within twenty-four hours. Every administrative detail will receive our attention.
Often, candidates judge our clients based on how well these details are handled.
BUDGET AND TIMING
PROFESSIONAL FEE AND EXPENSES
The consulting fee for conducting the Police Chief recruitment on behalf of the City of Tigard is $17,500 plus
expenses. Services provided for in the fee consist of all steps outlined in this proposal including three(3) days
of meetings on site. The City of Tigard will be responsible for reimbursing expenses Bob Murray&Associatcs
incurs on your behalf. We estimate expenses for this project to be $7,400. Reimbursable expenses include
such items as the cwt of recruiter travel; clerical support; brochure development; 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.
TIMING
We are prepared to start work on this assignment immediately and anticipate that w e v ill be prepared to make
our recommendation regarding finalists within seventy-five to ninety days from the start of the search.
Task: Week:
Contract Start Date: TBD
Initial Meeting(s): 1 week from contract start date
Our firm develops recruitment brochure: 2 weeps from contract start date
City approves brochure: 4 weeks from contract start dates
Job advertising and candidate sourcing: 8 weeks from contract start date
Our firm reviev-s application packets: 9 weeks from contract start date
Our firm conducts screening process: 10 weeks from contract start date
City approves candidates: 12 weeks from contract start date
City's interview panel convenes: 13 weeks from contract start date
Reference/Background Chechs: 14 weeks from contract start date
Second Inteniews by City, if necessary: 15 weeks from contract start date
Offer of Employment: 16 weeks from contract start date
GUARANTEE
We guarantee that should a recommendc;d candidate selected for the position be terminated within the first
year of employment we will conduct the search again at no cost (v.ith the exception of expenses) to the City
41
of Tigard. We are confident in our ability to recruit outstanding candidates and do not expect the City of
Tigard to find it necessary to exercise this provision of our proposal.
PROFESSIONAL QUALIFICATIONS
BOB MURRAY,FOUNDER
Mr. Murray brings over 30 years' experience as a recmiter. 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 haN e 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 Managcr for the City of Olympia,Washington. He has also served as an Assistant City Manager and held
various positions in law enforcement.
Mr. Murray received his Bachelor of Science Degr:e in Criminology from the University of California at
Berkeley with graduate studies in Public Administration at California State University at Hahward.
VALERIE GAETA PHILLIPS,PRESIDENT
Ms. Gaeta Phillips has over 18 years of recruiting e—perience, including more than a decade of recent
experience in executive search for public, pri,ate, 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-le--el candidates in various aspects of the public sector, as well as with special
districts and nonprofits.
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 hc:r commitment to her clients' success. Ms. Gaeta
Phillips has a passion for helping people, evidenced b; her fundraising and efforts to rare awareness for
organizations such as Mutism Speaks and the M.I.N.D. Institute.
GARY PHILLIPS,EXECUTIVE VICE PRESIDENT
Mr. Phillips 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 in New York and eventually in thirteen
countries in Europe. He also served as a Director with a large Fortune 500 company and was responsibL 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 worldvide; acquiring 5 companies in two years; and growing a company
from 800 to 1200 employees.
T\1r.Phillips was part of an executive acquisition and recruiting team where he helped build a start-up enterprise
51
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 software company.
Mr. Phillips has maintained customer relationships in the public sector,private sector,as w(,11 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. Mr.Phillips received his Associate of Science degree,as well as completed cours.work
at Rochester Institute of Technology,NY.
REGAN WILLIAMS,SENIOR VICE PRESIDENT
Mr. Williams brings 30 years of local government experience to Bob Murray & Associates and has over 15
years of experience in executive recruitments with our firm. Prior to joining Bob Murray &Associates, Mr.
Williams served as Director of Public Safety with the City of Sunnyvale, CA. Mr. Williams was involved in
the development of some of Sunnyvale's most innovative public safety programs and has a national reputation
for excellence in law enforcement,as well as in law enforcement executive recruiting. He has been responsible
for over 300 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 AcadLtw;.
JOEL BRYDEN,VICE PRESIDENT
Mr. Brydcn has over 30 years of local government experience that he brings to the firm, having retired as
Chief of Police in Walnut Creek, C.a prior to joining our firm. Throughout his career, Mr. Bryden has been
involved in public sector consulting. He has vast experience in hiring and promotional processes, as well as
interviewing candidates for advancement in all aspects of local bot-ernment. Mr.Br;-den has a solid reputation
as a leader in the public sector. His ability to find and e,,aluate outstanding applicants for our clients is
invaluable in the search process.
Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in
Communication from San Diego State University.
FRED FREEMAN,VICE PRESIDENT
Mr.Freeman brings over 24 years of local government experience to Bob Murray& associates,with 11 years
in the recruitment field. Mr. Freeman is a retired Chief of Police and has scored 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 laNv enforcement field,Mr. Freeman served as the Mayor and the Mayor Pro-
Tcm for the Los Alamitos City Council. Mr. Freeman has been a member of the Public Safety Policy
Committee - California League of Cities; the Orange County Fire Authority Board of Directors; and the
Orange Line Development Authority as th,- ti ice-Chair. His unique perspecti-e and experience, as both a
member of executive city staff and as an elected official,provides exceptional results for our clients.
6
Mr. Freeman is a graduate of the FBI National Academy and received his Teaching Credential from the
Universi"-of California Los Angles.
AMBER SMITH,PRINCIPAL CONSULTANT
As Principal Consultant Faith Bob Murray & Associates, Ms. Smith acts as a liaison between clients and
candidates from beginning to end of each recruitment process. She is responsible for the development and
distribution of position recruitment and advertising materials, client research, reference and background
checks, responding to requests for proposals, and providing a broad range of support services for the
recruiting team.
Ms.Smith brings over 5 years of client-oriented customer service,administrative,and management experience
to Bob Murray&Associates. She is committed to working as a partner v ith 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.
HELLEN AMSDEN,SENIOR CONSULTANT
Ms.Amsden acts as a liaison among clients,recruiters, and candidates throughout each recruitment process.
Her responsibilities include development and distribution of position recruitment and advertising materials,
client and candidate research, reference and background checks, responding to requests for proposals, and
providing a broad range of support services for the recruiting team.
Ms.Amsden joined our firm in 2016 with nearly a decade of customer service,administrative,and leadership
experience. She is committed to providing the; highest level of quality support and to working as a partner
with clients and candidates throughout the search process.
Ms. Amsden graduated summa cum laude with a. Bachelor of Arts degree in Leadership and Organizational
Studies from Saint Mary's College of California.
7I
REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom
Bob Murray&_Associates has recently conducted searches are listed below.
CLIENT: City of Klamath Falls,OR
POSITION: Police Chief
REFERENCE: Susan G. Kirby,Human Resources Director, (541) 883-5326
CLIENT. Cita of Lake Oswego, OR
POSITION: Police Chief
REFERENCE: Ms. ]Megan Phelan,Assistant City Manager./Human Resources Director, (503) 635-
0281
CLIENT.' City of Pacifica,CA.
POSITION: Police Chief
REFERENCE: Lorie Tinfow,City Manager, (650) 738-7408
8 �
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: Executive Search—Police Chief Recruitment Number:
Contractor: Bob Murray &Associates Contract Total: $35,000.00
Contract Overs ieu-: Contractor to provide professional recruitment and background investigation
services in search of the M's next Chief of Police
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate 2 Loa.
Risk Reduction Steps: Contractor has appropriate level of insurance.
Risk Comments:
Risk Signature:
C=ontract Managci: Dana Bennett Ext; 2453 Department: HR
TTpe: ❑ Purchase:agreement ® Personal Service ❑ General Seerrice,, ElPublic Improve ent
ElIGA ❑ Other: Start Date-'d ` End Date
Quotes/Bids/Proposal: "Ico A- AMOUNT/SCORE
Account String: Fund-Division-Account Work Order—A tivin Tyke Amount
FY 16-1 I 100-4000-54001 35 000.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature: &.1 -,A..2 ,�.--
Purchasing Comments: �A &ASN'\aS tel-iY- 1S Qt ccg e 5,
f�
Purchasing Signature:
City Manager Comments: L�
City Manager Signature: �
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
ExECUTrVE SEARCH—POLICE CHIEF RECRUITMENT
THIS AGREEMENT made and untered into this 23"' day of October, 2016 by and between the
Citi- of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Bob
Murray and Associates,hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2016-2017 fiscal year budget provides for services related to recruitment
activities;and
WHEREAS, City has need for the services of a company with a particular training, ability,
knowledge,and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City dos hereinafter require,under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor shall initiate services immediately upon receipt of City's notice to proceed
together with an executed copy of this.kgreement. Contractor agrees to complete work that
is detailed in Exhibit A and by this reference made a part hereof. Any and all work assigned
by the City will be contained in subsequent scope of work as needed.
2. EFFECTIVE DATE AND DURATION
This _Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on March 1,2017.All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A
for performance: of those services described herein and in any subsequent agreements that
arise from the work under this -Agreement. The total amount paid to the Contractor by the
City shall not exceed Thirty-five Thousand and No/100 Dollars ($35,000.00) including the
cost of an on-site background investigation contracted through Murray and Associates for
the City's finalist candidate(s). Any and all payments made to the Contractor shall be based
upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement
includes a Consulting fee of Seventeen Thousand Five,Hundred and No/100 Dollars
($17,500.00) plus expenses. Expenses are estimated at $7,400 to include the cost of
recruiter trati el, clerical support; brochure development; placement of ads; credit,
criminal and civil back ground checks; education verification; and public records
searches. Postage, printing, photocopying, and telephone charge's are all built into
the estimate provided for expenses. Other expenses would include travel. and direct
expenses for a final on-site background investigation.
Pagel
B. Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to
Contractor,for services performed or expenses incurred as of the date of the invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. Contractor shall not permit any lien o+•claim to be filed or prosecuted against the City
on am-account of an} labor or material furnished.
F. Contractor shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
G. If Contractor fails,neglects or refu;;es to make prompt payment of any claim for labor
or services furnished to Contractor or a subcontractor by any person as such claim
becomes due,City's Finance Director may pay such claim and charge the amount of
the payment against funds due or to become due the Contractor. The payment of
the claim in this spanner shall not relieve; Contractor or their surety from obligation
with respect to any unpaid claims.
H. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one v:eek except for individuals under the contract who are
excluded under. ORS 653.010 to 653.261 o-under 29 USC sections 201 to 209 from
receiving overtime.
1. Contractor shall promptly, as due, make payment to any pcxson, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of
Contractor or all sums which Contractor agrees to pay for such services and all
moneys and sums which Contractor collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing
or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding during future
fiscal years Shall b:: subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Contractor
Page 2 ;
prior to termination of this .agreement by Contractor or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment
of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of
any subcontractors and of all persons employed by them,and neither the approval by City of
any subcontractor nor anything contained herein shall be deemed to create any contractual
relation between the subcontractor and Citi,.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor
is and shall be deemed to be an independent contractor as defined b; ORS 670.600
and not an employee of City,shall not be entitled to benefits of any kind to which an
employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore,in the event that Contractor is found by a court of law
or any administrative agency to be an employee of City for any purpos::,City shall be
entitled to offset compensation due, or to demand repaymr-.nt of a.ny amounts paid
to Contractor under the terms of this Agreement,to the full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will
receive ani remuneration of any description from Contractor, either directly or
indirectly,in connection with the letting or performance of this Agreement,except as
specifically declared in writing.
If this payment is to be charged against Federal funds,Contractor certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his or her normal charge for the type of service provided.
Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
C. Contractor certifies that it currently has a City business license or will obtain one prior
to delivering serN-ices under this Agreement.
D. Contractor is not an officer, employee, or agent of the City as those terms are used
in ORS 30.265.
Page 3
7. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state and local la-,vs, it being understood that
acceptance of a contractor's work by City- shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and witness
costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies) that may be asserted by any person
or entity which in any way arise from, during or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification .;hall also cover claims brought against the City
under state or federal worker's compensation laws. If any aspect of this indemnity shall be
found to be illegal or invalid for any reason whatsoever, such illegality or im.-alidity shall not
affect the validity of the remainder of this indemnification.
8. INSURANCE
Contractor and its subcontractors shall maintain insurance acceptable to City in frill force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder,incl,iding the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain,at contractor's expLnse,and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an"occurrence"form(CG 20101185 or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General.Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence: $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (kny one person) $5,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term
of the contract, Commercial .Automobile Liability coverage including coverage for all
Page 4
owned,hired, and non-owned vehicles on an "occurrence' form. The Combined Single
Limit per occurrence shall not be less than $1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of
the contract, business automobile liability coverage for all owned vehicles on an
"occurrence" form. The Combined Single Limit per occurrence shall not be less than
.$1,000,000.
C. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
=porkers-%ho work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employe.,s, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Rest rating of "A-VII" or better, or equivalent. The City reserves the
right to reject all or ani insurance carrier(s) v.ith an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider u Nether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must
provide evidence of such self-insurance. The Contractor must provide a Certificate of
Insurance showing evidence of the coverage amounts on a form acceptable to the City.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
Page 5 1
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer,employee or agent of the City as those terms are
used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution and errors and omissions policies required by this
contract.
� certificate in form satisfactory to the City certifying to the issuance of such insurance
vill be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SAX'I call Blvd.
Tigard., Oregon 9722
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Nottix-ithstanding said insurance, Contractor shall be obligated for the total
amount of any damage, injury, or loss caused by negligence or neglect connected with this
contract.
9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail or by fax. Payments may be made by pLrsonal delivery,mail,or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
Cin OF TL IGAWll Y,a;a vi=. ` A 'A 1iU AsFX..Lms
Attn: Dana Bennett Attn: Regan Williams
_Address: 13125 SW Hall Blvd )Lddress: 1544 Eureka Road,Suite 280
Tigard OR 97223 Roseville,CA 95661
Phone: (503) 18-2453 Phone: (916) 784-9080
Fax: (503) 639-6795 Fax: (916) 784-1985
Email: duial�:.x"ti, _d-or.gox,_ Email: regariv,l hobrnur_Z s.,o,-.coin
Page 6
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid,or when so faxed,shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to
be given by giving written notice pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this.'agreement shall be effective unl.ss and until it is made
in writing and signed by both parties.
11. PROFESSIONAL SERVICES
The Cit; requires that services provided pursuant to this agreement shall be provided to the
City by a Contractor that does not represent clients on matters contrary to City interests.
Further, Contractor shall not engage services of an attorney and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Contractor represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Contractor shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Contractor shall have seven (7) days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agrcament may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Contractor. If Cit}' t.,rminates the contract pursuant to this
paragraph;it shall pay Contractor for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state,local,or other sources is not obtained and
continued at lei els sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds
2) If federal or state regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this agreement.
Page 7
3) I£ any license or certificate required by law or regulation to be held by
Contractor,its subcontractors,agents,and employees to provide the services
required by this Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition .in
bankruptcy is filed by or against Contractor, if a receiver or trustee is
appointed for Contractor, or if there is an assignment for the benefit of
creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Contractor, may-
terminate the whole or any part of this.Agreement:
1) If Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement,
or so fails to pursue the v7ork as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten (10) days or such other period as City
may authorize.
3) If Contractor fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Contractor shall not be exclusiti e and are in addition
to any other rights and remedies proN ided by law or under this agreement.
If City terminates this Agreement under paragraph(b),Contractor shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
an amount which bears the same ratio to the total fees specified in this Agreement as
the services satisfactorily rendered by Contractor bear to the total services othemise
required to be performed for such total fee; provided, that there shall be deducted
from such amount the amount of damages,if any, sustained by City due to breach of
contract by Contractor. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
15. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in
completion and responsibilities hereunder due to causes beyond the control and without fault
Page 8
or negligence on the part of the parties so disenabled,including but not restricted to, an act
of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic,
quarantine restriction,area-wide strike,freight embargo,unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten (10) days from the beginning of such delay,notify tho other party in writing of the
cause of delay and its probable extent. Such notification shall not bt the basis for a claim for
additional compensation. Each party shall, however,make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently
pursue performance of its obligation under the agreement.
16. NON-WAIVER
The failure of Cit- to insist upon or enforce strict performance by Contractor of any of the
terms of this .Agruement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
17. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state ci`il rights
and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the
kmericans with Disabilities Act of 1990, ORS 659A.142, and all regulations and
administrative rules established pursuant to those lays.
18. ERRORS
Contractor shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change)
work. Failur:. of Contractor to secure authorization for extra work shall constitute a waiver
of all right to adjustment in the contract price or contract time due to such unauthorized extra
work and Contractor thereafter shall be entitled to no compensation whatsoever for the
performance of such work.
20. WARRANTIES
\ll v7ork shall be guaranteed by Contractor for a period. of one year after the date of final
acceptance of the work by the owner. Contractor warrants that all practices and procedures,.
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this agreement.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the court may adjudge reasonable attorney fees
and court costs,including attorney's fees and court costs on appeal.
Page 9
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of
the laws of the State of Oregon. Any action or suits.involving any question arising under this
Agreement must be brought in the appropriate court of the Stare of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal,state and local laws,rules and regulations,
including,but not limited to,the requirements concerning working hours, overtime,medical
care, worker's compensation insurance, health care pavments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapters 279A, 279B and
279C, the provisions of which are hereby made a part of this agreement.
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract,this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith..
25. AUDIT
Contractor shall maintain records to assure conformance with the; terms and conditions of
this Agreement, and to assure adequate performance and accurate expenditures within the
contract period. Contractor agrees to permit City, the State of Oregon, the federal
go-Ternment, or their duly authorized representatives to audit all records pertaining to this
Agreement to assure the accurate expenditure of funds.
26. SEVERABILITY
In the event any provision or portion of thisAgreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions
shall not be affected to the extent that it did not materially affect the intent of the parries
when they entered into the agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must snake payment promptly as due to persons supplying
Contractor labor or materials for the execution of the work prol.ided by this order.
Contractor must pay all contributions or amounts due from Contractor to the Industrial
Accident Fund incurred in the performance of this order. Contractor shall not permit any
lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of
any labor or material to be furnished. Contractor further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week,except in cases of necessity, or
emergency or where the public policy absolutely requires it, and in such cases, except cases
of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least
time and a half for all overtime in excess of eight (8) hours a day and for all work performed
on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts
Page 10
for personal services as defined in ORS 279A.055, any labor shall be paid at least time and a
half.for all hours worked in excess of forty (40) hours in any one week, except for those
individuals excluded under ORS 653.010 to 653.260 or under 29 LSC SS 201-209.
29. MEDICAL CARE AND WORKERS' COMPENSATION
Contractor shall promptly, as due,make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury, to the employees of such Contractor, of all sums
which the Contractor agrees to pay for such services and all moneys and sums which the
Contractor collected or deducted from the •wages of the employees pursuant to any law,
contractor agreement for the purpose of providing or paying for such service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
No waiver, consent, modification, or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties. Such waiver, consent, modification, or
change if made,shall be effective only in specific instances and for the specific purpose given.
There are no understandings, agreements, or representations, oral or written, not specified
herein regarding this agreement. Contractor, by the signature of its authorized
representative, hereby acknowledges that he has read this Agreement, understands it and
agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contactor has executed this Agreement on the date hereinabove first
written.
CITY
O/Fj TIGARD BOB MUR AND ASS I ES ULTING
By: ity Manager By:A thorized Agent of Contractor
Date Date
Page 11
EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
Bob Murray and Associates Consulting is hired to conduct a national executive recruitment to fill the
position of Chief of Police for the City of Tigard, on or before March 1,2017.
SCHEDULE MILESTONES
See attached Exhibit B
SCOPE OF WORK
See attached Exhibit C
COST/RATE ESTIMATES
Incorporated into Exhibit C,page 5; Budget and Timing
Page 12
Exhibit B
SCHEDULE MILESTONES
OCTOBER 24, 2016
CITY OF TIGARD, OREGON
POLICE CHIEF
ACTIVITY CONDUCTED BY DATE
On-site Recruiter Visit BM&A Nov 1-2, 2016
Candidate Profile BM&A/City Nov 7,2016
Brochures to print BM&A Nov 21,2016
Ad placement& Outreach BM &A Nov/Dec 2016
Recruitment close - Dec 28, 2016
Review resumes BM& A Dec 30,2016
Candidate interview s BM&A Jan 13,2017
Final Candidate Recommendations BM&A Jan 18-20,2017
-Recommendations and review of resumes with City
Panel Interviews City Jan 25-27, 2017
'"(Community Aleet/Greet, 13D Staf Questions, Profession LE, Community, andlor City Leadership Panels)
City Manager Interviews City Jan 2017
Background/Reference checks BM&A/City Jan/Feb 2017
*(aiminal, civil, c;edit checks&POST medical and psych;final on-sit;background contracted through BM
Candidate Selection City Jan/Feb 2017
Page 13
Exhibit C
SCOPE OF WORK
I'ItIIF'OSAI.'.I'O t.ONDI � "_` VN LX I-A- t IA'V.
t')*e B(JIAIX ()F I'III'
Ci l v „t' 3'i •:�r�l
Page 14 24
September 23,2016
Ms. Martv Wine, City Manager
City of Tigard
13125 SW Hall Blvd,
Tigard,OR 97223
Dear Ms.Wine:
Thank you for inviting Bob Murray &Associates to submit a proposal to conduct the Police Chief
recruitment for the City of Tigard. The following proposal. details our qualifications and describes
our process of identifiling, r_lcrwtina and screening outstanding candidates on your behalf. It also
includes a proposed budget, timeline,guarantee,and sample recruitment brochure.
At Bob Murray& associates,we pride ourselves on providing quality service to local governments.
We have created a recruitment process that combines our ability to help you to determine the
direction of the search and the types of candidates you seek with our experience recruiting
outstanding candidates who are not necessarily looking for a job. Our proven expertise ensures that
the candidates we present for your consideration will match the criteria you have established and will
be outstanding in their field.
With respect to the Police Chief recruitment,Bob Murray&Associates offers the following expertise:
+
With a national network of contacts and unparalleled experience conducting successful Police
Chief recruitments,Bob Murray&.associates is the West's premier executive search firm. Since
the firm's founding in 2000,v e have conducted over 150 Police Chief searches.We are currently
conducting Police Chief recruitments on behalf of the California cities of Alhambra, Capitola
Manteca,Salinas,Turlock,and Westminster.We are also recruiting the Police Chief for California
State University, San Marcos, as well as the Director of Public Safety recruitment on behalf of
the City of Sunnyvale, CA and the Chief of Police recruitment on behalf of the City of Lone
Tree,CO. a`'.'e recently completed Police Chief recruitments on behalf of the Los Angeles World
airports, the California cities of Arvin. Benicia, Cathedral Cit,'r, East Palo Alto, Fort Bragg,
Pacifica, Tehachapi, Tracy, and Vallejo; the City of aurora., CO; and recruitments on behalf of
California State Polytechnic Uni-crsity Pomona;California State University,San Bernardino;and
Humboldt State University, CA. The enclosed Client List details all of our prtvious Police chief
searches. Our extensive experience in Police Chief recruitments and our national network of
contacts will provide the City of Tigard with an outstanding candidate pool from which to select
the next Police Chief.
Out firm's experience in the State of Oregon is diverse and will be an asset when presenting
opportunitit-s to prospective candidates.We recently completed the recruitment for City Manager
on behalf of the City of Newberg. Our other most recent searches include the Police Chief for
the City of Klamath Falls,the Police Chief for the City of Lake Oswego,and the CEO/Executive
Dirtctor on behalf of Home Forward;we also conducted outreach efforts for the Police Chief
recruitment on behalf of the University of Ortgon. In the past,u e have conducted recruitments
on behalf of the cities of Albany,Ashland,Coos Bay,Eugene,Grants Pass,Gresham,Hillsboro,
Lake Oswego, Milwaukie, Roseburg, Salem, Springfield, and Tualatin; the counties of Benton,
Deschutes, Clackamas, Marion, and Washington; METRO, North Clackamas County Park and
Page 15 '
Recreation District, Oregon Cascades West Council of Govcxnments, Tualatin `"alley Fire &
Rescue, the University of Oregon, and the Washington County Consolidated Communication
Agency Our knowledge of your state,its issues,and its 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 2-0 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 Tigard, but also
that the selected candidate—v ill.reflect positi•-ely 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& lssocia.tes
Page 16
TABLE OF CONTENTS
THE RECRUITMENT PROCESS.......................................2
STEP l DEVELOPING THE CANDIDATE PROFILE.............................................2
STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE................2
STEP 3 RECRUITING CANDIDATES.................................................................2
STEP 4 SCREENING CANDIDATES ..................................................................2
STEP S PERSONAL INTERVIEWS.....................................................................2
STEP 6 PUBLIC RECORD SEARCH ..................................................................3
STEP 7 RECOMMENDATION...........................................................................3
STEP 8 FINAL INTERVIEWS............................................................................3
STEP 9 BACKGROUND CHECKS/DETAILED REFERENCE CHECI:S...................3
STEP 10 NEGOTIATIONS................................................................................3
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE......................................4
BUDGET AND TIMING ......................................................4
PROFESSIONAL FEE AND EXPENSES ..............................................................4
TIMING..........................................................................................................4
GUARANTEE..................................................................................................4
PROFESSIONAL QUALIFICATIONS................................5
REFERENCES.......................................................................8
THE RECRUITMENT PROCESS
Bob Murray &Associates' unique and client oriented approach to executive search will ensure that the City
of Tigard has quality candidates from which to select the new Police Chief. Outlined below are the key steps
in our recruitment process.
STEP 1 DEVELOPING THE CANDIDATE PROFILE
Our understanding of the City of Tigard's needs will be key to a successful search. We willwork with the City
Manager, as well as other stakeholders identified by the City, to learn as much as possible about the
organization's expectations for a new Police Chief. 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 Tigard.
We also want to know the Citv Manager's expectations regarding the knowledge, skills and abilities sought in
the ideal candidate and will work v ith the City to identify expectations regarding education and experience.
Additionally,we want to discuss expectations regarding compensation and other items necessary to complete
the successful appointment of the ideal candidate. The profile we develop together at this stage will drive,
subsequent recruitment efforts.
STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE
After gaining an understanding of the City of Tigard's needs,we will design an effective advertising campaign
appropriate for the Police Chief recruitment. We will focus on professional journals that are specifically suited
to the Police Chief search. We will also develop a professional recruitment brochure on the City Manager's
behalf that will discuss the community, organization,position and compensation in detail. Once completed,
we will mail the profile to an extensive audience,making them aware of the exciting opportunity with the City
of Tigard.
STEP 3 RECRUITING CANDIDATES
After cross-referencing the profile of the ideal candidate with our database and contacts in the field,we uill
conduct an aggressit e; outreach effort,including making personal calls to prospective applicants, designed to
identify and recruit outstanding candidates. We recognize that the best candidate is often not looking for a
new job and this is the person we actively seek to convince to become a candidate. Aggressively marketing
the Police Chief position to prospective candidates will be essential to the success of the search.
STEP 4 SCREENING CANDIDATES
Following the closing date for the recruitment,we will screen the resumes we have received. We will use
the criteria established in our initial meetings as a basis upon which to narrow the field of candidates.
STEP 5 PERSONAL INTERVIEWS
We xill conduct personal interviews .,ith 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 Police Chief position. In addition, we will
discuss the candidate's motivation for apple ing 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
21
of the position if an offer of employment is made.
STEP G PUBLIC RECORD SEARCH
Following the interviews, we will conduct a review of published articles for each recommended candidate.
Various sources will be consulted including Lexis-NevisTM, a newspaper/rn.agazine search engine, Google,
and social media. This alerts us to any further detailed inquiries we may need to make at this time.
STEP 7 RECOMMENDATION
Based on the information gathered through meetings with your organization and personal interviews with
candidates,we will recommend n limited number of candidates for l our further consideration. We will prepare
a detailed written report on each candidate that focuses on the results of our interviews and public record
search,.:s. We will make specific recommendations,but the final determination of those to be considered will
be up to you.
STEP 8 FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses
the qualifications of each candidate. We will adopt an approach that fits your needs,whether it is a traditional
interview, multiple interview panel or assessment center process. We will provide you v.7th suggested
interview questions and rating forms and will be present at the interview/assessment center to facilitate the
process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final
candidates.
We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is
to ensure that each candidate has a very positive experience, as the manner in which the entire process is
conducted will have an effect on the candidates'perception of your organization.
STEP 9 BACKGROLND CHECKS/DETAILED REFERENCE CHECKS
Based on final interviews we will conduct credit,criminal,civil litigation and motor vehicle record checks for
the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential
reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and
weaknesses,we will talk candidly with people who have direct knowledge of their work and management style.
We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several
bears. Additionally,we make a point of speaking confidentially to individuals who we know have insight into
a candidate's abilities,but who may not be on their preferred list of contacts. At this stage in the recruitment
we,will also verify candidates' degrees.
STEP 10 NEGOTIATIONS
We 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.
Wc:will represent your interests and adti-isc. you regarding salary, benefits and employment agreements with
the goal of putting together a deal that resultE.in the appointmc rit of your chosen candidate. Most often we
3 #
can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the
candidate.
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE
Throughout the recruitment v.'e will provide the City Manager with updates on the status of the search. We
will also take care of all administrative details on your behalf. Candidates will receive personal letters advising
them of their status at each critical point in the recruitment. In addition,we will respond to inquiries about
the status of their candidacy within twenty-four hours. Every administrative detail will receive our attention.
Often, candidates judge our clients based on how well these details are handled.
BUDGET AND TIMING
PROFESSIONAL FEE AND EXPENSES
The consulting fee for conducting the Police Chief recruitment on behalf of the City of Tigard is $17,500 plus
expenses. Services provided for in the fee consist of all steps outlined in this proposal including three(3) days
of meetings on site. The City of Tigard will be responsible for reimbursing expenses Bob Murray&Associatcs
incurs on your behalf. We estimate expenses for this project to be $7,400. Reimbursable expenses include
such items as the cwt of recruiter travel; clerical support; brochure development; 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.
TIMING
We are prepared to start work on this assignment immediately and anticipate that w e v ill be prepared to make
our recommendation regarding finalists within seventy-five to ninety days from the start of the search.
Task: Week:
Contract Start Date: TBD
Initial Meeting(s): 1 week from contract start date
Our firm develops recruitment brochure: 2 weeps from contract start date
City approves brochure: 4 weeks from contract start dates
Job advertising and candidate sourcing: 8 weeks from contract start date
Our firm reviev-s application packets: 9 weeks from contract start date
Our firm conducts screening process: 10 weeks from contract start date
City approves candidates: 12 weeks from contract start date
City's interview panel convenes: 13 weeks from contract start date
Reference/Background Chechs: 14 weeks from contract start date
Second Inteniews by City, if necessary: 15 weeks from contract start date
Offer of Employment: 16 weeks from contract start date
GUARANTEE
We guarantee that should a recommendc;d candidate selected for the position be terminated within the first
year of employment we will conduct the search again at no cost (v.ith the exception of expenses) to the City
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of Tigard. We are confident in our ability to recruit outstanding candidates and do not expect the City of
Tigard to find it necessary to exercise this provision of our proposal.
PROFESSIONAL QUALIFICATIONS
BOB MURRAY,FOUNDER
Mr. Murray brings over 30 years' experience as a recmiter. 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 haN e 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 Managcr for the City of Olympia,Washington. He has also served as an Assistant City Manager and held
various positions in law enforcement.
Mr. Murray received his Bachelor of Science Degr:e in Criminology from the University of California at
Berkeley with graduate studies in Public Administration at California State University at Hahward.
VALERIE GAETA PHILLIPS,PRESIDENT
Ms. Gaeta Phillips has over 18 years of recruiting e—perience, including more than a decade of recent
experience in executive search for public, pri,ate, 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-le--el candidates in various aspects of the public sector, as well as with special
districts and nonprofits.
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 hc:r commitment to her clients' success. Ms. Gaeta
Phillips has a passion for helping people, evidenced b; her fundraising and efforts to rare awareness for
organizations such as Mutism Speaks and the M.I.N.D. Institute.
GARY PHILLIPS,EXECUTIVE VICE PRESIDENT
Mr. Phillips 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 in New York and eventually in thirteen
countries in Europe. He also served as a Director with a large Fortune 500 company and was responsibL 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 worldvide; acquiring 5 companies in two years; and growing a company
from 800 to 1200 employees.
T\1r.Phillips was part of an executive acquisition and recruiting team where he helped build a start-up enterprise
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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 software company.
Mr. Phillips has maintained customer relationships in the public sector,private sector,as w(,11 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. Mr.Phillips received his Associate of Science degree,as well as completed cours.work
at Rochester Institute of Technology,NY.
REGAN WILLIAMS,SENIOR VICE PRESIDENT
Mr. Williams brings 30 years of local government experience to Bob Murray & Associates and has over 15
years of experience in executive recruitments with our firm. Prior to joining Bob Murray &Associates, Mr.
Williams served as Director of Public Safety with the City of Sunnyvale, CA. Mr. Williams was involved in
the development of some of Sunnyvale's most innovative public safety programs and has a national reputation
for excellence in law enforcement,as well as in law enforcement executive recruiting. He has been responsible
for over 300 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 AcadLtw;.
JOEL BRYDEN,VICE PRESIDENT
Mr. Brydcn has over 30 years of local government experience that he brings to the firm, having retired as
Chief of Police in Walnut Creek, C.a prior to joining our firm. Throughout his career, Mr. Bryden has been
involved in public sector consulting. He has vast experience in hiring and promotional processes, as well as
interviewing candidates for advancement in all aspects of local bot-ernment. Mr.Br;-den has a solid reputation
as a leader in the public sector. His ability to find and e,,aluate outstanding applicants for our clients is
invaluable in the search process.
Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in
Communication from San Diego State University.
FRED FREEMAN,VICE PRESIDENT
Mr.Freeman brings over 24 years of local government experience to Bob Murray& associates,with 11 years
in the recruitment field. Mr. Freeman is a retired Chief of Police and has scored 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 laNv enforcement field,Mr. Freeman served as the Mayor and the Mayor Pro-
Tcm for the Los Alamitos City Council. Mr. Freeman has been a member of the Public Safety Policy
Committee - California League of Cities; the Orange County Fire Authority Board of Directors; and the
Orange Line Development Authority as th,- ti ice-Chair. His unique perspecti-e and experience, as both a
member of executive city staff and as an elected official,provides exceptional results for our clients.
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Mr. Freeman is a graduate of the FBI National Academy and received his Teaching Credential from the
Universi"-of California Los Angles.
AMBER SMITH,PRINCIPAL CONSULTANT
As Principal Consultant Faith Bob Murray & Associates, Ms. Smith acts as a liaison between clients and
candidates from beginning to end of each recruitment process. She is responsible for the development and
distribution of position recruitment and advertising materials, client research, reference and background
checks, responding to requests for proposals, and providing a broad range of support services for the
recruiting team.
Ms.Smith brings over 5 years of client-oriented customer service,administrative,and management experience
to Bob Murray&Associates. She is committed to working as a partner v ith 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.
HELLEN AMSDEN,SENIOR CONSULTANT
Ms.Amsden acts as a liaison among clients,recruiters, and candidates throughout each recruitment process.
Her responsibilities include development and distribution of position recruitment and advertising materials,
client and candidate research, reference and background checks, responding to requests for proposals, and
providing a broad range of support services for the recruiting team.
Ms.Amsden joined our firm in 2016 with nearly a decade of customer service,administrative,and leadership
experience. She is committed to providing the; highest level of quality support and to working as a partner
with clients and candidates throughout the search process.
Ms. Amsden graduated summa cum laude with a. Bachelor of Arts degree in Leadership and Organizational
Studies from Saint Mary's College of California.
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REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom
Bob Murray&_Associates has recently conducted searches are listed below.
CLIENT: City of Klamath Falls,OR
POSITION: Police Chief
REFERENCE: Susan G. Kirby,Human Resources Director, (541) 883-5326
CLIENT. Cita of Lake Oswego, OR
POSITION: Police Chief
REFERENCE: Ms. ]Megan Phelan,Assistant City Manager./Human Resources Director, (503) 635-
0281
CLIENT.' City of Pacifica,CA.
POSITION: Police Chief
REFERENCE: Lorie Tinfow,City Manager, (650) 738-7408
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