Loading...
HomeMy WebLinkAbout2004 CON RJA Management Services - Recruiting Police ChiefAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RJA MANAGEMENT SERVICES, INC.. THIS AGREEMENT is entered into this 2nd day of March. 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RJA MANAGEMENT SERVICES, INC.., (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide recruitment services for a Chief of Police. WHEREAS, the CITY has determined that the CONTRACTOR is an experienced public agency executive recruiter 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 the direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as shall be prescribed and defined by the City Manager, upon consultation with the Contractor, to recruit for and make recommendations concerning the hiring of a Chief of Police for the City of National City, who shall best meet the requirements prescribed by law for a Chief of Police in California. 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 to keep staff and/or City Council advised of the progress on the project, as may be required Revised August 2003 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The City Manager 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, including reimbursements for expenses, shall not exceed $25,000.00 (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished 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 shall be as determined by the City Manager. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Any 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. 2 Revised August 2003 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. 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 3 Revised August 2003 City of National City business license prior to and during performance of any work pursuant to this Agreement. 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 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. 4 Revised August 2003 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. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, 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 defend, 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: ❑ 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. 5 Revised August 2003 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 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 Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 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 Agree- ment. employees. ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a 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 6 Revised August 2003 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. 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 7 Revised August 2003 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: To the CONTRACTOR: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 DR. RICHARD GARCIA, RJA MANAGEMENT SERVICES, INC. 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 those of 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. II 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. 8 Revised August 2003 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. 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. Entire Agreement. This Agreement supersedes any prior agree- ments, 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 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against 9 Revised August 2003 the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ch4is Zapa !City Manager APPROVED AS TO FORM: RJA MANAGEMENT SERVICES, INC. (Two signatures required for a corporation) By: B George H. iser, HI City Attorney, By Rudolf Hradecky, Sr. Ass't City Attorney President (Title) (Title) 10 Revised August 2003 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 3/2/04 C 7..Oblf-(1 AGENDA ITEM NO. 9 ITEM TITLE Consulting Services Agreement with RJA Management Services, Inc. to Perform Executive Search Services for the City Manager's Office. PREPARED BY Park Morse (336-4240)<) Assistant City Manager V1 EXPLANATION DEPARTMENT 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. Tonight's action recommends approval of a resolution authorizing the City Manager to enter into a consulting agreement with Dr. Richard Garcia to assist in the selection of a Police Chief. 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 subsequent consult- ing agreements. Costs shall not exceed $25,000 without prior authorization of the City Manager. Account No. N/A STAFF RECOMMENDATION Adopt the resolution and authorize the City Manager to sign the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2004-38 A-200 (9/80) RESOLUTION NO. 2004 — 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RJA MANAGEMENT SERVICES, INC. TO PERFORM EXECUTIVE SEARCH SERVICES FOR THE POSITION OF CHIEF OF POLICE WHEREAS, the City desires to employ a consultant to perform professional executive recruiting services for the position of Chief of Police; 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 City Manager to execute on behalf of the City an Agreement with RJA Management Services, Inc., to perform professional executive recruiting services for the position of Chief of Police. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 2"d day of March, 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Ikudolf Hradecky Senior Assistant City Attorney Passed and adopted by the Council of the City of National City, California, on March 2, 2004, 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 idCity (Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-38 of the City of National City, California, passed and adopted by the Council of said City on March 2, 2004. City Clerk of the City of National City, California By: Deputy City of National City Office of 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 March 8, 2004 Dr. Richard Garcia RJA Management Services Inc 550 W Duarte Road Suite 6 Arcadia CA 9I007 Dear Dr. Garcia, On March 2, 2004, Resolution No. 2004-38 was passed and adopted by the City Council of the City of National City, authorizing the City Manager to execute an agreement with RJA Management Services Inc to perform executive search services for the position of Chief of Police. We are forwarding a certified copy of the above Resolution and one fully executed agreement. Sincerely, Martha L. Alvarez, CMC Deputy City Clerk /mla Enclosure cc: City Manager File No. C2004-13 RJA RJA Management Services, Inc. February 19, 2004 Mr. Chris Zapata City Manager CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Zapata, RJA Management Services, Inc. is pleased to submit this proposal to conduct an executive recruitment for a POLICE CHIEF. For over twenty 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 consultants work closely with clients and prospective candidates to avoid unnecessary inconveniences or costs to either party. A partial list of clients includes the City of Azusa, City of Banning, City of Chula Vista, City of Commerce, City of Escondido, City of Fresno, City of Glendale (AZ), City of Imperial Beach, City of Long Beach, City of Montebello, City of National City, 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 So. El Monte, 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. Specifically, Public Safety engagements include Assistant Police Chief and Fire Chief, City of San Diego; Police Chief, City of Delano; Police Chief, City of Hollister; Police Chief, City of Irwindale; Police Chief, City of Pinole; Police Chief, City of Soledad; Deputy Police Chief, City of South Gate; Fire Chief, City of Visalia; Fire Chief, City of Watsonville; Police Chief, Cal Poly Pomona; and Director of Public Safety, California State University, Hayward. (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 personnel backgrounds, and extensive professional contacts that are useful in identifying, recruiting, screening, and selecting qualified candidates. It is my responsibility to coordinate all 550 W. Duarte Rd., Suite 6, Arcadia, CA 91007 (626) 447-3318 Fax (626) 447-1124 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 f RJA is very deliberate, yet flexible, in its approach to recruiting qualified candidates. The RJA 1 approach to this executive search encompasses the following seven steps: { 1. Organizational Assessment RJA meets with the City Manager or his designee to: • Discuss critical community, political, legal, and organizational issues relevant to the City of National City; • Review the Police Department's culture and environment; • Discuss in further detail the salary range, selection process, duties, responsibilities, skills, knowledge, abilities, and behaviors required of the Police Chief; • 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 databank 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 law enforcement 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 City Manager. Our consultants also review and evaluate responses to job related questions posed on the supplemental questionnaire. 2 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 City Manager for review and discussion. All candidate resumes are made available to the City Manager should there be any questions regarding any applicant for the position. 5. Reporting and Presentation RJA will prepare and present to the 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 assistance to the City Manager in the development of the selection process. 7. Reference Checks Once the top three (3) finalists are identified, RJA can 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, department of motor vehicle, and educational checks can be conducted. BRIEFINGS Periodic briefings are provided to the City Manager to: • Keep the City Manager apprised of progress; • 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 City Manager at the briefings. 3 TIME FRAME RJA will complete the search activity in a timely fashion. Ideally, we would like to begin the search on the Monday following approval of the 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 finalist. 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 (up to three trips), 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 (first 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. A 20% late fee will be applied on all invoices not paid within thirty (30) days. 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 continuing to serve 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, 'chard arcia President RG:JP:pc Attachments 4 I. OUR APPROACH - EXECUTIVE SUMMARY The City of National City is about to make an important decision —the selection of a new Fire Chief Because this decision is so critical, Shannon Executive Search has developed the most thorough and credible executive search service available to local government today. Our unique approach to executive search includes the following features: CITY MANAGER INVOLVEMENT The City Manager must be intimately involved in thesearch for a new Fire Chief. For this reason, our approach assumes his direct participation in key phases of the search process including the development of the candidate profile, recruitment strategy, and the selection of final candidates. OTHER PARTICIPANTS At the discretion of the client, our approach provides for the involvement of other stakeholders in the development of the . candidate profile. These stakeholders potentially include other department heads, elected officials, union/association leadership, staff or community members. For executive level public safety recruitments, feedback from the Mayor and City Council is especially helpful. CITY'S NEEDS A critical first step in a successful executive search of this nature is for the City Manager and other key stakeholders to define the personal and professional qualities required of the Fire Chief. To be certain this occurs, we have developed a very effective process that will permit the City Manager to clarify the preferred future direction for the City and the department; the specific challenges the Fire Chief is likely to face in helping to achieve this future direction; the working style and organisational climate that the City Manager and others wish to establish with the Fire Chief and ultimately, the personal and professional qualities that will be required for the selected candidate to be successful. AGGRESSIVE RECRUITMENT The very best Fire Chief candidates are not typically in the market for new employment. They are likely to be quite satisfied with their current positions, and will only consider a change if a more attractive career opportunity is personally presented to them. This is why we take a very aggressive approach to identifying and recruiting the best available candidates. Proposal to City of National City 1 SELECTION The selection of the best available candidate requires the use of tools that have been specifically designed to evaluate each candidate against the personal and professional qualities identified by the City. For this reason, we will tailor our selection techniques to National City's specific requirements. In addition, we also assume responsibility for administering the selection process for the Client. ONE YEAR GUARANTEE If a candidate selected and appointed by the City terminates employment for any reason before the completion of the first year of service, Shannon Executive Search will provide the City with whatever professional services are required to appoint a replacement. Professional consulting services will be provided at no cost to the City. Proposal to City of National City 2 W. REFERENCES Listed below is a sample of recent recruitments we have concluded for Fire Chief and other positions: CLIENT Hemet, City of Novato Fire Protection District Orange County Fire Authority Santa Ana, City of South County Fire Authority Vista, City of POSITION Fire Chief Fire Marshal Assistant Fire Marshal Fire Prevention Analyst Fire Chief Fire Chief Fire Chief CONTACT Rich Ramirez former City Manager 916 264-5704 John Rentz Fire Chief 415 892-1513 Laura Blaul Deputy Fire Marshall 714 744-0485 Dave Ream Assistant City Manager 714 647-5200 Michael Garvey City Manager, City of San Carlos 650 802-4228 Rita Geldert City Manager 760 726-1340 ext. 1401 Listed below is a sample of recruitments we have concluded for Southern California clients: CLIENT Anaheim Long Beach Long Beach Riverside POSITION Police Chief Planning Director City Manager City Engineer Director of Public Works Economic Development Bureau Manager City Manager CONTACT David Hill Human Resources Director 714 765-5209 Joel Fick Deputy City Manager 714 765-5162 Beverly O'Neill Mayor 562 570-6801 or Kevin Boylan Human Resource Director 562 570-6140 Ronald Walker Special Projects Officer 562 570-6168 George Caravalho City Manager 909 826-5553 Proposal to City of National City 10 Riverside Riverside Riverside • Santa Barbara Santa Barbara City Attorney Finance Director Police Chief Executive Director of Community Police Review Commission Public Utilities Director Director of Community Development City Administrator Police Chief Public Works Director Transportation Planning Manager Gregory Priamos City Attorney 909 286-5567 Paul Sundeen Finance Director 909 826-5660 Ronald Loveridge Mayor 909 826-5557 Jim Armstrong City Administrator 805 564-5301 Joan Kent Assistant City Administrator 805 564-5303 Proposal to City of National City 11 V. COST FEES FOR PROFESSIONAL SERVICES The professional fee for consulting services is $18,000. This fee covers all the consultant services associated with Phases I, II and III of the recruitment process, including a total of three to four field visits to develop the candidate profile and recruitment strategy, assist the City in finalist selection and facilitate interviews with finalists. Additional services beyond the scope of the proposal will be provided, upon request of the client, at the rate of $200 per hour. These services will be defined in advance and an estimate of the total cost provided prior to beginning such services. REIMBURSABLE EXPENSES Actual out-of-pocket reimbursable expenses for such items as travel, advertising, long distance telephone, printing / copying, and postage / delivery charges. There is no mark-up on expense& Estimated range for recruitment, excluding assessment center $6,500 - $8,000 Professional fees and reimbursable expenses would be billed and paid monthly. Proposal to City of National City 13