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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, 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 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 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 �