HomeMy Public PortalAboutAgreement_2014-03-19_MBN Services Inc_DBA Bob Murray & AssociatesWVJWNXgl 52 • ►EAWNULMA LWW%WIVWk*iItiIRWbPJWW'1
THE CITY OF TEMPLE CITY,
a municipal corporation
and
MBN Services Inc.
DBA BOB 1VIURRAY &ASSOCIATES
RIV 114822-7830-4520 vl _ 1 _
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
MBN SERVICES INC.
Dba BOB MURRAY & ASSOCIATES
This Agreement for Consultant Services ("Agreement") is entered into as of this day
of 2014 by and between the City of TEMPLE CITY, a municipal corporation
("City") and MBN Services Inc., doing business as Bob Murray & Associates a corporation
("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry"
and hereinafter collectively referred to as the "Parties."
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A. City has sought, the performance of the executive recruiting services defined and
described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Consultant was selected by the City on the basis of Consultant's demonstrated
competence and the professional qualifications necessary for the satisfactory performance of the
services required.
D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
E. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
RN 44822-7830-4520 vl .2-
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services,"
which is incorporated herein by this reference, in accordance with the terms and conditions of
this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered
in comiection with its
performance of this Agreement which are in addition to
or outside of
those set
forth in this
Agreement or listed in Exhibit "A" "Scope of Services,"
unless such
additional
services are
authorized in advance and in writing by the City Council or City Manager of City.
Consultant
shall be compensated for any such additional services in the
amounts and
in the manner
agreed to
by the City Council or City Manager,
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit `B" "Compensation," which is incorporated herein
by this reference. The total compensation, including reimbursement for actual expenses, shall
not exceed twenty three thousand, four hundred and no cents ($23,400), unless additional
compensation is approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: professional fee, travel, materials, equipment, supplies, and sub -
consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor,
travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and
include payment of labor on an hourly basis (as opposed to labor and materials being paid as a
lump sum), the labor category in each invoice shall include detailed descriptions of task
performed and the amount of time incurred for or allocated to that task. City shall independently
review each invoice submitted by the Consultant to determine whether the work performed and
expenses incurred are in compliance with the provisions of this Agreement. In the event that no
charges or expenses are disputed, the invoice shall be approved and paid according to the terms
set forth in subsection (c). In the event any charges or expenses are disputed by City, the original
invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to an
y charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
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work performed pursuant
to this Agreement shall not
be deemed to
waive any
defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
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City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Consultant
in the course of providing any services pursuant to this Agreement shall become the sole property
of City and may be used, reused or otherwise disposed of by City without the permission of the
Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to City all such original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECO12llS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuan
t to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
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(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business, City may, by written request, require that custody of such documents or
records be given to the City and that such documents and records be maintained by the requesting
party. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement. In addition to the general standards of
performance set forth this Section 9, additional specific standards of performance and
performance criteria are set forth in the Scope of Work that shall also be applicable to
Consultants work under this Contract. Where there is a conflict between a general and a specific
standard of performance or performance criteria, the specific standard or criteria shall prevail
over the general.
If and to the extent that City utilizes for any purpose not related to this
Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
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drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS ANll
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws do not
apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public funds. In this context, "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sem, as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should the any liability or sanctions be imposed against City for such use of unauthorized
aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14,
CONFLICTS OF INTEREST.
(a) Consultant covenan
ts that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at all
RIV #4822-7830-4520 vl _ ( _
times avoid conflicts of interest or the appearance of any conflicts of interest w th the interests of
City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the performance of non -related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(e) City understands and acknowledges that Consultant will, perform non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Consultant in performance of
this Agreement shall be considered confidential, unless such information is in the public domain
or already known to Consultant. Consultant shall not release or disclose any such information or
work product to persons or entities other than City without prior written authorization from the
City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
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officials, employees and agents ("Indemnified Parties") from and against any and all claims.
actions and proceedings (whether at law or equity, administrative or judicial), demands, orders,
judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs,
(collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub -
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement, with the understanding that in the
event Claims are found by the trier of fact to have been caused by the joint or concurrent
negligence of the City and its contractors and consultants, and Consultant, damages and expenses
from both indemnity and duty to defend obligations shall be borne by each party in proportion to
its negligence.
(b) Indemnification from Sub -Consultants. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub -consultant / contract or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as
additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this Agreement or this section.
(c) City's Sole Negligence. The provisions of this Section 16 do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not release
City from liability arising from gross negligence or willful acts or omissions of City or any and
all of its officials, employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "B" "Insurance," which is incorporated
herein by this reference. All insurance policies shall be subject to approval by City as to form
and content. These requirements are subject to amendment or waiver if so approved in writing
by the City Manager. Consultant agrees to provide City with copies of required policies upon
request
SECTION 18,
ASSIGNMENT.
The expert
ise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
xivnaszzaa3aaszovi _ g _
Agreement. City acknowledges, however, that Consultant, in the performance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(e) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
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Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, tires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All. public information, data, reports, records, and maps as
are existing and available to
City as public records,
and which are
necessary for carrying out
the work as outlined in the
Exhibit "A" "Scope of
Services," shall
be furnished to Consultant
in every reasonable way to
facilitate, without undue
delay, the work
to be performed under this
Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Consultant: MBN Services Inc.
Dba Bob Murray & Associates
1677 Eureka Road, Suite 202
Roseville, CA 95661
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Man
ager or his or her
designated representative, following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional funds of the City. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding on the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in wrg
and approved by the Consultant and by the City Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles,
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT,
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
eiv uaszzasso-aszo vi - 11 -
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
i zj/)n
Peggy Kuo
City Clerk
APPROVED AS TO FARM
Eric S`V
City Attorney
CITY OF TEMPLE CITY
Donald E. E. Penman, Interim City
Manager
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On M, ;ao,4 before me, A04-cwfAl 4mc-ll personally appearedL� ✓ungA , proved to me on
the basis of satisfactory evidence to be the person() whose names( is/ani subscribed to the within instrument and
acknowledged to me that he/sba4lazy executed the same in his/r=ir authorized capacity(ies); and that by
his/hqar- eir signature(/) on the instrument the person, or the entity upon behalf of which the person(` acted,
executed the instrument.
I certify
under PENALTY
OF PERJURY under the laws of the State of California that the foregoing
paragraph is
true and
correct.
❑
PARTNER(S) ❑ LIMITED
WITNESS myhand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME
OF PERSON(S) OR ENTITY(IES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
State of California
County of PLACER
On 01O o20i4-
Dat
personally appeared
before me, ,Julie Hammond, Notary Public
Here Insert Name and Title of the Officer
JULIE HAMMONO
Commission * 1996611
Notary Public • California i
z Placer County
. ' My Comm Expires Nov 25.2016+
3tomrn.,Expires
E NAMMOND
sion # 1996611
i.� ublie •California s
= acer County
M Nov 25, 2016
to e A ove
who proved to me on the basis of satisfactory evidence to
be the person( whose name( is subscribed to the
within instrument and ackniooww ed ed to me that
sh tk�t executed the same in -hie e�i their authorized
capacity(ies),' and that b er/ signature(o on the
instrument the person, or a entity upon behalf of
which the personj9) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Though the information below is not required by law, it may
and could prevent fmuduleni removal and reattac
Document
hand and official seal.
�cr5dns relying on the document
to another document.
ription of Attached
Number of Pages:
Desc
'1 A
Title or Type of Document: l abm Cyryycn` t' �r�eiln�Vt
Document Date:
Above:
Signers) Other Than Named Above:
Capacity(es) Claimed by Signers)
Signer's Name (yll,`,.m ULV YA Vi Signer's Nal
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s):
ElPartner — ❑Limited 11 General
El Attorney in Fact
El Trustee
Top of thumb here
O Guardian or Conservator
XOther: :7P "
Signer Is Representing:
El Corporate Officer—Title(s):
El Partner — ❑Limited ❑General
❑ Att
orney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHNMBPRINT
OF SIGNER
STATE OF CALIFORNIA
COUNTY OF
On , before me, personally appeared
❑ personally lmown to me - OK - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose
names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/tbeir
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docurnent and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME
OF PERSON(S) OR ENTITY(IES))
K1V #4822-7830-4520 vl
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATF, OF DOCUMENT
SIGNERS) OTFIER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
See Attached
RN #4822-7830-4520 v]
C-1
THE RECRUITMENT PROCESS
Bob Murray &Associatesunique and client oriented approach to executive search will
ensure that the City of Temple City has duality candidates from which to select the new
City Manager. Outlined below are the key steps in our recruitment process.
STEP 1 DEVELOPING THE CANDIDATE PROFILE
Our understanding of the City of Temple City's needs will be key ro a successful
search. We will work with the Mayor and City Council, as well as other key
stakeholders, to learn as much as possible about the organization's expectations for
a new City Manager, 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 Temple City. We also want to know the Mayor and City Council's
expectations regarding the knowledge, shills and abilities sought in the ideal
candidate and will work with the City to identify expectations regarding
education and experience. Additionally, we want to discuss expectations
regarding compensation and other items necessary to complete the successful
appointmant of the ideal candidate. The profile we develop together at this
stage will drive subsequent recruitment efforts.
STEP Z ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE
After gairtiug an understanding of the City of Temple City's needs, eve will
design an effective advertising campaign appropriate for the City Manager
recruitment. We will focus on professional journals that are specifically suited
to the City Manager search, We will also develop a professional recruitment
brochure on the Mayor and City Council's behalf that will discuss the
community, organization, position and compensation in detail. Once completed,
we will mail the profile to an extensive audience, malting thein aware of the
exciting opportunity with the City of Temple City.
STEP
3 RECRUITING CANDIDATES
After cross-referencing the profile of the ideal candidate with our database and
contacts n7 the field, we will conduct an aggressive outreach effort, including malting
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 City Manager position to prospective candidates will be
essential to the success of the search.
STEP 4 SCREENING
CANDIDATES
I'ollow
ing the closing date for the recruitment, we will screen the resumes we have received.
We will use the criteria established in aur initial meetings as a basis upon wlvch to narrow the
field of candidates.
City of'Iemple Cttp
P�gc 2
STEP 5 PERSONAL INTERVIEWS
We will conduct personal interviews with the top 10 to 12 candidates wide die 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 e
relates to the City Manager position. In addition, we will discuss the candidate's
motivation for applying for the position and make an assessment of bis/her knowledge,
skills and abilities. We will devote specific attention to establishing the likelihood of the
candidate's acceptance of the position if an offer of employment is made.
STEP 6 PUBLIC RECORD SEARCH
Following the interviews, we will conduct a review of published articles for each
candidate, Various sources will be consulted including Lexis-NexisTM, a
newspaper/magazine search engine, Google, and local papers for the communities
in which the candidates have worked. This alerts us to any further detailed
nquiries we may need to make at this time.
STEP %RECOMMENDATION
Based on the information gathered through meetings with your organization,
and personal interviews with candidates, we will recommend a limited number
of candidates for your further consideration. We will prepare a written report
on each candidate that focuses on the results of our interviews and public
record searches. We will make specific recommendations, but the final
determination of those to be considered will be up to you.
STEP8FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview '=
process that objectively assesses the qua ca ons of each candidate. We w
adopt an approach that fits your needs, whether it is a traditional interview,
multiple interview panel or assessment center process. We will provide you with '!
suggested interview questions and rating forms and will be present at the
interview/assessment center to facilitate the process. Our expertise lies in
facilitating the discussion that can bring about a consensus regarding the final
candidates.
We will
work closely with
your staff to coordinate
and schedule interviews and
candidate travel.
Our goal
is to ensure that each
candidate has a vera positive
experience, as the
manner in
which the entire process
is conducted will have an effect
on the candidates'
perception
of your organization.
Cicp of Temple Ciry
P�gc 3
STEP 9 BACKGROUND CHECKS /DETAILED REFERENCE CHECKS
Based on final intery ews we will conduct creel t, crnn nal, civIl li igation and motor vehicle
record checks for the top one to three candidates. In addition, diose candidates will be the
subjects of detailed, confidential reference checks. In order to gain an accurate and honest `r
appraisal of the candidates' strengths and weaknesses, we will talk candidly with people
who have direct knowledge of their work and management style. We will ask candidates
to forward the names of their supervisors, subordinates and peers for the past several
years. Additionally, we make a point of speaking confidentially to individuals who we
know have insight into a candidate's abilities, but who may not be on their preferred
Est of contacts. At this stage in the recruitment we will also verify candidates'
degrees.
STEP 10 NEGOTIA'PIONS
We recognize the critical inpoxtance of successful negotiations and can serve as
your representative during this process. We ]now what other organizations
have done to put deals together with great candidates and will be available to
advise you regarding current approaches to difficult issues such as housing and
relocation. We will represent your interests and advise you regarding salary,
benefits and employment agreements with the goal of putting together a deal
that results in the appointment of your chosen candidate. Most often we can
turn a very difficult aspect of the recruitment into one that is viewed positively
by both you and the candidate.
STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE
Throughout the recruitment we will provide the Mayar and City Council evith
updates on the status of tie search. We will also talze cue 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.
City oETemple Citp
P�gc 4
CITY OF TEMPLE CITY
CITY MANAGER
ACTIVITY CONDUCTED BY DATE
Candidate Profile BM & A March 24-28, 2014
City reviews profile Temple City April 7, 2014
Brochures to print BM & A April 10, 2014
Ad placement & Outreach BM & A April/May 2014
Recruitment close ---- ---- May 23, 2014
Review resumes BM & A May 27, 2014
Candidate interviews BM & A June 6, 2014
Final Candidate Recommendations BM & A June 16-20, 2014
*Recommendations and review of resumes with City Council
Interviews Temple City June 23-27, 2014
Background/Reference Checks BM & A June 2014
(i.e. criminal, civil, credit checks)
Candidate Selection Temple City June/July 2014
EXHIBIT "B"
COMPENSATION
MBN Services Inc., Dba Bob Murray &Associates, will provide the consulting services
described in Exhibit "A" for $16,900, plus expenses. Expense reimbursements will not exceed
$6,900, and will include such items as actual cost of recruiter travel; clerical support; placement
of ads; credit, criminal and civil background checks; education verification; and public records
searches. Postage, printing and photocopying and telephone charges are allocated costs and
included in the expense estimate.
EXHIBIT "C"
RN 114822-7830-4520 vl
C -Z
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and mainta n insurance,
acceptable to the City Manager or City Counsel, in full force and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than ANII. Consultant shall provide the following scope and limits of
ifibYlTYITiiLKal
1. Minimum Scope of Insurance. Consultant shall maintain professional
liability insurance appropriate to the Consultant's profession. This coverage may be written on a
'claims made" basis, and must include coverage for contractual liability. The professional
liability insurance required by this Agreement must be endorsed to be applicable to claims based
upon, arising out of or related to services performed under this Agreement. The insurance must
be maintained for at least 3 consecutive years following the completion of Consultant's services
or the termination of this Agreement. During this additional 3 -year period, Consultant shall
annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice
by Certified mail, return receipt requested, has been given to City.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the insurance
provisions of this contract have been complied with. The City Attorney may require that
Consultant furnish City with copies of original endorsements effecting coverage required by this
Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates an
d endorsements from each
subcontractor identical to those Consultant provides.
2.
2.
deductibles
Minimum
retentions must be declared to and
approved by City.
Limits
of
City, either the
Insurance.
Consultant shall maintain limits of
professional
liability
insurance no
less than
$1,000,000
per occurrence.
B. Other Provisions. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice
by Certified mail, return receipt requested, has been given to City.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the insurance
provisions of this contract have been complied with. The City Attorney may require that
Consultant furnish City with copies of original endorsements effecting coverage required by this
Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates an
d endorsements from each
subcontractor identical to those Consultant provides.
2.
Any
deductibles
or self-insured
retentions must be declared to and
approved by City.
At the
option of
City, either the
insurer shall reduce or eliminate such
deductibles or self-insured
retentions
as respects City
or its respective elected or appointed
R1V #4822-7830-4520 vl
C-3
officers,
officials,
employees
and volunteers
or the
Consultant shall procure a bond
guaranteeing
payment
of losses
and related
investigations,
claim
administration, defense expenses
and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
RN 1!4822-7830-4520 vl
C-4
From: Tracey Hause
Sent: Wednesday, March 26, 2014 9:11 AM
To: Marilyn Bonus
Cc: Vail, Eric S.; 'Murphy, Gregory M.'; Don Penman; bmurray@bobmurrayassoc.com
Subject: Consultant Services Agreement - Bob Murray & Associates
Marilyn,
As you know the above referenced agreement references Bab Murray &Associates throughout the agreement with the
exception of the first paragraph which identifies the parties that are entering into the contract. Here, MBN Services Inc.
is identified as the consultant.
The Assistant City Attorney, Greg Murphy has concerns so I clarified the issue with Bob Murray. He indicated that MBN
Services Inc. is the legal name of his firm and Bob Murray & Associates is the DBA name or fictitious business name. Mr.
Murray has been utilizing Bob Murray & Associates in his course of business since 2001.
Please include this
a -mail in the
permanent agreement file,
which clarifies the relationship between MBN Services Inc.
and Bob Murray &
Associates.
If you have any questions please let me know.
Tracey L. Hause
Administrative Services Director
City of Temple City
626-285-2171 x2314
thause@templecity.us
www.templecity.us
From: Tracey Hause
Sent: Wednesday, March 26, 2014 9:14 AM
To: 'Murphy, Gregory M.', Marilyn Bonus
Cc: Vail, Eric S.; Don Penman; bmurray@bobmurrayassoc.com
Subject: RE: Consultant Services Agreement - Bob Murray & Associates
You are welcome!!
From: Murphy, Gregory M. [ma !Ito:GMurihyObwslaw.com]
Sent: Wednesday, March 26, 2014 9:14 AM
To: Tracey Hause; Marilyn Bonus
Ce: Vail, Eric S.; Don Penman; bmurray()bobmurrayassoc.com
Subject: RE: Consultant Services Agreement - Bob Murray & Associates
Thanks Tracey. As we discussed, Marilyn has changed the agreement that the parties will execute to read MBN Services
Inc., and your email will be in the file to explain why the contracting party is different than it was on the agreement
approved by Council. It is beneficial for the City to have the agreement with the corporation and not just the DBA.
Thanks again.
From: Tracey Hause [mailtoahauseCo�templecitv.us]
Sent: Wednesday, March 26, 2014 9:11 AM
To: Marilyn Bonus
Cc: Vail, Eric S.; Murphy, Gregory M.; Don Penman; bmurrav(dbobmurravassoc.com
Subject: Consultant Services Agreement - Bob Murray & Associates
Marilyn,
As you know the above referenced agreement references Bob Murray &Associates throughout the agreement with the
exception of the first paragraph which identifies the parties that are entering into the contract. Here, MBN Services Inc.
is identified as the consultant.
The Assistant City Attorney, Greg Murphy has concerns so I clarified the issue with Bob Murray. He indicated that MEN
Services Inc. is the legal name of his firm and Bob Murray & Associates is the DBA name or fictitious business name. Mr.
Murray has been utilizing Bob Murray & Associates in his course of business since 2001.
Please include this
e-mail in the
permanent
agreement file,
which clarifies the relationship between MBN Services Inc.
and Bob Murray &Associates.
If you have any questions please let me know.
Tracey L. Hause
Administrative Services Director
City of Temple City
626-285-2171 x2314
thause@templecitV.us
www.templecitV.us