HomeMy WebLinkAbout2003 CON RJA Management Services - RecruitingCity of National City
Officeof the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
April 21, 2003
Mr. Richard Garcia
RJA Management Services Inc
550 W. Duarte Rd Suite 6
Arcadia CA 91007
Dear Mr. Garcia,
On April 15, 2003, Resolution No. 2003-44 was passed and adopted by the
City Council of the City of National City, authorizing the Mayor to execute
an agreement with RJA Management Services Inc to perform executive
search services for the City Manager's Office.
We are forwarding a certified copy of the above Resolution and a fully
executed original agreement.
Sincerely,
a
le
./4
Michael R. Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: City Manager
File No. C2003-11
Recycled Paper
quent agreements.
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 15, 2003
AGENDA ITEM NO.
5
(ITEM TITLE Consulting Services Agreement with RJA Management Services, Inc. to perform
Executive Search Services for the City Manager's Office
PREPARED BY
EXPLANATION
DEPARTMENT
Park Morse, (336-4240)
Assistant City Manager City Manager
The City Council has previously adopted a revised Management Plan to address various issues related to
retirements of Executives in the City Service.
One of the elements of the Management Plan was the selection of an executive search consultant to assist with
certain management vacancies.
Staff has previously recommended and the City Council has concurred in the selection of the firm of RJA
Management Services, Inc. (Dr. Richard Garcia) to serve in this role.
Tonight's action is your first formal consideration of a proposed agreement with RJA; in this case, for the position
of Personnel Director.
Environmental Review ✓ N/A
Financial Statement As per Council action in approving the revised Management Plan, Fund Balance and
the Contingency Fund will be used as necessary to fund this and possible subse-
Account No. N/A
STAFF RECOMMENDATION Adopt the resolution and authorize the Mayor to sign the Agreement. J
BOARD / COMMISSION RECOMMENDATION N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement with Scope of Services
Resolution No. 2003- 44
A-200 (9/80)
RESOLUTION NO. 2003 - 44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM
EXECUTIVE SEARCH SERVICES FOR THE CITY MANAGER'S OFFICE
WHEREAS, the City desires to employ a consultant to perform
professional executive recruiting services for the City Manager's office; and
WHEREAS, the City has determined that RJA Management Services,
Inc. is a executive recruiting company and is qualified by experience and ability to
perform the services desired by the City, and RJA Management Services, Inc. is
willing to perform such services
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute on behalf of the City an
Agreement with RJA Management Services, Inc., to perform professional executive
recruiting services for the City Manager's office. Said Agreement is on file in the
office of the City Clerk.
PASSED AND ADOPTED this 15th day of April, 2003.
Nick Inzun Mayor
ATTEST:
Michael Dalla, ity Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on April 15, 2003, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
City'Clerk of'the (fity of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-44 of the City of National City, California, passed and adopted by the
Council of said City on April 15, 2003.
City Clerk of the City of National City, California
By:
Deputy
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RJA MANAGEMENT SERVICES, INC.
THIS AGREEMENT is entered into this 15th day of April
2003 , by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"),
and RJA Management Services, Inc.
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to perform
professional executive recruiting services.
WHEREAS, the CITY has determined that the CONTRACTOR is a professional
consultant and is qualified by experience and ability to perform the services desired by the CITY,
and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to the work
and shall not rely on personnel of the CITY for such services, except as authorized in advance by
the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and
City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 20% from the
base amount.
Revised 5/2001
3. PROJECT COORDINATION AND SUPERVISION. Park Morse
hereby is designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONTRACTOR. Dr. Richard Garcia thereby is designated as the Project
Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A
(the Base amount) without prior written authorization from the Project Coordinator. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit A as determined by the
CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY
and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit A.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2 Revised 5/2001
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any
manner agents, servants or employees of the CITY, it being understood that the
CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent
contractors and that the CONTRACTOR's obligations to the CITY are solely such as are
prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
3 Revised 5/2001
term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE. The CONTRACTOR, in performing any
services under this Agreement, shall perform in a manner consistent with that level of care and
skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall take all
special precautions necessary to protect the CONTRACTOR's employees and members of the
public from risk of harm arising out of the nature of the work and/or the conditions of the work
site.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
4 Revised 5/2001
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers
and employees, against and from any and all liability, loss, damages to property, injuries to, or
death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent
performance of this Agreement. The CITY agrees to indemnify, and hold harmless the
CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages
to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CITY'S negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
0 A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property damage
arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
5 Revised 5/2001
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. Ifa dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
6 Revised 5/2001
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day's
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post office,
mailbox, mail chute, or other like facility regularly maintained by the United States Postal
Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To the CITY:
Park Morse
Assistant City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
7 Revised 5/2001
To the CONTRACTOR: RJA Management Services Inc.
Richard Garcia
550 W. Duarte Rd.
Suite 6
Arcadia, CA 91007
Notice of change of address shall be given by written notice in the manner
specified in this Section: Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with thoseof the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
8 Revised 5/2001
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
9 Revised 5/2001
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
CITY OF NATIONAL CITY By
By:
Nic
ayor (Title)
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
By:
(Title)
10
Revised 5/2001
RJA
RJA Management Services, Inc.
550 W. Duarte Rd., Ste. #6
Arcadia, CA 91007
April 4, 2003
Mr. Park Morse
Assistant City Manager
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4301
Dear Mr. Morse,
EXHIBIT A
RJA Management Services, Inc. is pleased to submit this proposal to conduct an executive
recruitment for a PERSONNEL DIRECTOR.
Over the years, our Executive Search consultants have applied their highly professional skills to
recruit competent executives, directors, managers, and mid -managers in both the public and
private sectors. Our extensive network, developed over the last twenty years, greatly enhances
our ability to assist organizations in quickly recruiting and selecting candidates. RJA search con-
sultants work closely with clients and prospective candidates to avoid unnecessary inconven-
iences or costs to either party.
A partial list of clients includes the City of Anaheim - Public Utilities Department, City of Banning,
City of Chula Vista, City of Commerce, City of Delano, City of Fresno, City of Glendale (Arizona),
City of Imperial Beach, City of Irwindale, City of Long Beach, City of Montebello, City of Oxnard,
City of Pasadena, City of Pomona, City of Salinas, City of San Diego, City of San Fernando, City of
Santa Paula, City of Soledad, City of So. El Monte, City of South Gate, City of Watsonville, County
of Los Angeles, Monterey County, Fort Ord Reuse Authority, Helix Water District, Otay Water
District, San Diego County Water Authority, San Diego Data Processing Corp., Santa Clara Valley
Water District, Sweetwater Union High School District, University of California at San Diego,
University of California Office of the President, and Cal State Los Angeles, Cal Poly Pomona,
California State University, Hayward and San Diego State University. (References attached)
RJA TEAM
I will serve as the project manager of the engagement and will be assisted by Ms. Pat Adams and
Ms. Irene Bazan, Executive Recruiters. Our Team possesses a breadth of management experiences,
broad personnelbackgrounds, and extensive professional contacts that are useful in identifying,
recruiting, screening, and selecting qualified candidates. It is my responsibility to coordinate all
consultant activities, contact and screen candidates who are ultimately submitted for consideration,
and ensure that RJA adheres to the agreed upon executive search strategy.
RJA APPROACH
RJA is very deliberate, yet flexible, in its approach to recruiting qualified candidates The RJA
approach to this executive search encompasses the following seven steps:
1. Organizational Assessment
RJA meets with the Assistant City Manager to:
• Discuss critical community, political, legal, and organizational issues
relevant to the City of National City;
• Review the organizational culture and environment;
• Discuss in further detail the salary range, selection process, duties,
responsibilities, skills, knowledge, abilities, and behaviors required of the
Personnel Director,
• Clearly define any special requirements and candidate screening criteria; and
• Establish search deadlines and reporting arrangements.
2. Development of Recruitment Materials
Information gathered during the organizational assessment phase is used to design
recruitment strategies, a recruitment brochure, advertisements, recruitment letters,
supplemental application forms and any other materials appropriate for the City.
3. Outreach
RJA accesses our computerized municipal management candidate tabank and
employs our state/national management and professional association networks to
identify individuals with the desired personal, professional, technical, and man-
agement qualifications. In addition, RJA places advertisements in journals and
periodicals widely read by and oriented to the human resource management
profession.
It has been both our contention and experience that minorities and females are
qualified for top-level positions. RJA's job is to identify and attract a diverse
candidate pool. However, the selection of the best candidate for the position is the
responsibility of the client.
4. Screening and Individual Assessment
RJA carefully compares the candidates' qualifications against the requirements for
the position agreed to by the Assistant City Manager. Our consultants also review
and evaluate responses to job related questions posed on the supplemental
questionnaire. We respond to all candidates who apply. RJA personally contacts
those applicants who most closely match the established requirements to more
carefully evaluate past performance; check education, training, and professional
capabilities; assess professional poise, demeanor and communication skills; and
appraise motivation and potential. Those candidates considered most qualified are
identified and submitted to the Assistant City Manager for review and discussion.
All candidate resumes are made available to the Assistant City Manager should there
be any questions regarding any applicant for the position.
5. Reporting and Presentation
RJA will prepare and present to the Assistant City Manager a succinct report on
candidates who most closely meet the position requirements. The report will
facilitate comparison of the candidates and ease the evaluation. We will also be
available to provide any additional preliminary background information.
6. Rating Guide and Possible Interview Questions
RJA assumes that the City's Personnel Department will be responsible for
developing the final selection process. However, RJA is prepared to consult with
and provide guidance to the Assistant City Manager in the development of the
selection process.
7. Reference Checks
Once the top three (3) finalists are identified, RJA will conduct thorough reference
checks. The references are provided by the candidates. The information gathered is
used to develop a concise report that assesses past performance, including strengths
and weaknesses. In addition, financial, criminal and educational checks can be
conducted.
BRIEFINGS
Periodic briefings are provided to the Assistant City Manager to:
• Keep the Assistant City Manager apprised ofprogress;
• Discuss potential problems and recommended solutions; and,
• Conduct interim assessments of candidates recruited.
Any obstacles encountered by our Search Consultants will quickly be communicated to the
Assistant City Manager at the briefings.
TIME FRAME
RJA will complete the search activity in a timely fashion. Ideally, we would hie to begin the search
on the Monday following approval ofthe contract and submit candidates for consideration within 60
business days of commencement of the outreach. Normally, an appointment is made within 30
business days of the selection of the finalists. A more detailed time schedule will be developed by
RJA once a contract is awarded and the recruitment strategy is discussed and approved (Draft
Timeline attached.
FEES
RJA would propose to charge the City of National City a flat fee of Sixteen Thousand Five Hundred
Dollars ($16,500.00) for professional services rendered plus out-of-pocket expenses up to Seven
Thousand Dollars ($7,000.00). Out-of-pocket expenses include consultant travel, advertising (up to
$2,400.00), clerical services, telephone (10% of total expenses), fax, printing, postage, Choice Point
background checks, and other directly related costs. The expenses do not include any costs
associated with candidate travel.
The City will be billed one-third of the professional services fee upon commencement of the search
Gust installment), one-third at the beginning of the second month (second installment), and
one-third upon presentation of candidates (third installment). The first installment is due and
payable upon commencement of the search. The remaining installments and other invoices,
including expenses, are due within thirty (30) days of receipt of invoice. The professional service
fee, as proposed, is based on the outlined `RJA Approach." The professional service fee is
negotiable in accordance with a modified approach. Any professional services provided beyond
those described in the RJA Approach will be billed to the Client at the rate of $150.00 per hour.
RJA looks forward to serving the City of National City. Please feel free to call me at (626) 447-
3318 if you have any questions or need additional information
Sincerely,
Dr. Richard Garcia
President
RG:LB:pc
Attachments
RJA PARTIAL REFERENCE LIST
ILIA PARTIAL REFERENCE LIST
Client Name: Bassett Unified School District
Contact Person: Mr. Don Laurence, Acting Asst. Supt. for H.R. Dev.
Telephone #: 323-722-4850
Project Type: Executive Search
Description: Assistant Superintendent for Human Resources Development.
Client Name: City of Commerce
Contact Person: Mr. Duane Munson, Director of H.R.
Telephone #: 323-722-4850
Project Type: Executive Search
Description: Community Development Director, Dir. of Finance/Treasurer.
Client Name: City of Chula Vista
Contact Person: Honorable, Shirley Horton, Mayor
Telephone #: 619-691-5044
Project Type: Executive Search (Facilitated)
Description; City Manager.
Client Name: City of Delano
Contact Person: Ms. Adela Gonzalez, City Manager
Telephone #: 661-720-2231
Project Type: Executive Search
Description: Police Chief
Client Name: City of Fresno
Contact Person: Mr. Severn Esquivel, Assistant City Manager
Telephone #: 559-621-4528
Project Type: Executive Search
Description: Personnel Services Director.
Client Name: Fort Ord Reuse Authority
Contact Person: Ms. Veronica Ferguson, Asst. County Admin. Officer
Telephone #: 831-755-5065
Project Type: Executive Search
Description: Executive Officer.
Client Name: Helix Water District
Contact Person: Ms. Sue Fox, Human Resources Director
Telephone #: 619-667-6262
Project Type: Executive Search
Description: Director of Engineering; Director of Administrative Services.
Client Name: City of Huntington Beach
Contact Person: Mr. Ray Silver, City Administrator
Telephone #: 714-536-5575
Project Type: Executive Search (facilitated)
Description: Assistant City Administrator.
Client Name: City of Irwindale
Contact Person: Mr. Steve Blancarte, City Manager
Telephone #: 626-430-2217
Project Type: Executive Search
Description: Chief of Police; City Manager.
Client Name: City of Imperial Beach
Contact Person: Mr. Blair King, former City Manager (currently ACM at the City of Milpitas)
Telephone #: 408-586-3000
Project Type: Executive Search
Description: City Manager; Community Development Director.
Client Name: Housing Authority oldie City of Los Angeles
Contact Person: Mr. Don Smith, Executive Director
Telephone #: 213-252-1810
Project Type: Executive Search
Description: Human Resources Director; Director of Urban Revitalization Demonstration
Client Name:
Contact Person:
Telephone #:
Project Type:
Description:
County of Los Angeles Community Development Commission
Dr. Carlos Jackson, Executive Director
213-890-7001
Executive Search
Human Resources Manager; Resident Manager; and Senior Manager Engineering Services;
Manager, Housing Development; *Assistant Director CDBG; Owned Housing Manager;
Area Manager, Housing Management Division; Manager -Section 8 Program; Manager,
Construction Manager.
Client Name: City of Montebello
Contact Person: Mr. Richard Torres, City Administrator
Telephone #: 323-88'-1360
Project Type: Executive Search
Description: Department of Transportation; Director of Recreation & Parks.
Client Name: County of Monterey
Contact Person: Mr. Dave Potter, Former Chairman, Board of Supervisors
Telephone #: 831-647-7755
Project Type: Executive Search
Description: County Administrative Officer.
Client Name: Otay Water District
Contact Person: Mr. German Alvarez, Administrative Services D4xuttnent Head
Telephone #: 619-670-2286
Project Type: Executive Search
Description: Administrative Services Department Head; Information Systems Manager; General
Manager.
Client Name: City of Oxnard
Contact Person: Mr. Ed Sotelo, City Manager
Telephone #: 805-385-7449
Project Type: Executive Search
Description: Asst City Mgr.; Community Development Director; Public Works Director; Director of
Human Resources; and Strategic Planning Workshops.
Client Name: City of Pasadena
Contact Person: Honorable, Chris Holden, fcn,uer Mayor
Telephone #: 626-744-4311
Project Type: Executive Searches; and Training Seminars.
Description: City Manager, Asst. City Mgr. Human Services; Asst. City Mgr. Urban Environment Dir. of
Human Services; *Asst. City Manager/Community, Council/ Manager Retreat
Client Name: City ofPinole
Contact Person: Mr. Marc Grisham. City Manager
Telephone #: 510-724-9013
Project Type: Executive Search
Description: Assistant City Manager; City Engineer/Public Works Director.
Client Name: City of Pomona
Contact Person: Mr. Severo Esquivel, former City Administrator
Telephone #: 909-620-2053
Project Type: Executive Search
Description: Assistant City Administrator, Chief Budding Official; *City Treasure; Community
Development Director; Economic Development Director; Finance Director.
Client Name: City of Reno
Contact Person: Mr. Charles McNeely, City Manager
Telephone #: 702-334-2020
Project Type: Executive Search
Description: Redevelopment Administrator, Economic Development Manager.
Client Name: City of Salinas
Contact Person: Mr. Jorge Rifa, Assistant City Manager
Telephone #: 408-758-7201
Project Type: Executive Search
Description: Personnel Office'.
Client Name: San Diego Data Processing Corporation
Contact Person: Mr. Roger Talamantez, President/CEO
Telephone #: 619-533-5921
Project Type: Survey
Description: Customer Satisfaction.
Client Name: City of San Diego
Contact Person: Mr. Jack McGrory, former City Manager (currently President/CEO at Price Enterprises)
Telephone #: 619-581-4973
Project Type: Executive Search
Description: Deputy City Manager and City Engineer; Civil Engineers and Dep. Civil Engineers; Asst.
Dir. of the Building Inspection Department Print Shop Manager; Exec. Dir. to the Human
Relations Commission; Assistant Police Chief] Fire Chief
Client Name: Santa Clara Valley WaterDistrict
Contact Person: Mr. Stan Williams, General Manager
Telephone #: 408-265-2600
Project Type: Executive Search; Training Seminar
Description: General Counsel; Flood Control Manager,. Group Manager, Assistant Administrative
Officer/Chief Financial Office; Assistant Operating Officer; Management and Sexual
Harassment Training.
Client Name: City of Santa Paula
Contact Person: Mr. Paul Skeels, Interim City Manager
Telephone #: 805-933-4200
Project Type: Executive Search
Description: City Manager; Finance Director.
Client Name: City ofSoledad
Contact Person: Ms. Belinda Espinosa, former City Manager
Telephone #: 408-678-3963
Project Type: Executive Search
Description: Police Chief Director of Public Safety/Police Chief, City Manager; Assistant City Manager
for Development Services.
Client Name: Sweetwater Union High School District
Contact Person: Mr. Edward Brand, Superintendent
Telephone #: 619-691-5555
Project Type: Executive Search
Description: Director of Visual & Performing Arts; Chief Operating Officer; Director of Personnel
Services.
Client Name: City of Visalia
Contact Person: Mr. Steven Salomon, City Manager
Telephone #: 209-738-3312
Project Type: Executive Search
Description: Fire Chief.
* These positions were not filled due to budget cuts or to reorganization in agency.
RSA PROPOSED TIMELINE
DRAFT RJA TIMELINE
CITY OF NATIONAL CITY
PERSONNEL DIRECTOR
EXECUTIVE SEARCH
TASK
Organizational Assessment Completed
Recruitment Materials Developed for Client Review
Advertisement Placements
Brochure Mailing/Outreach
Last Day to File
Consultant Screening Completed
Client Review
Selection of Finalists
Interviews
Reference Checks Completed
Final Selection, Negotiations and Approval
*Placement of advertisements can effect last day to file.
WEEK
Week #1
Week #2
Week #3 *
Week # 3-7
Week #
Week # 8
Week #10
Week#10
Week #12
Week #14
Week #15