rfq selection of executive search firm superintendent

1 RFQ for the Selection of Executive Search Firm for the Recruitment of the Southwestern Community College District Superintendent/President

Request for Qualifications

Selection of Executive Search Firm for the Recruitment of the Southwestern Community

College District Superintendent/President

Southwestern Community College District Governing Board

August 2020


INTRODUCTION A. Purpose of Request for Qualifications

The Southwestern Community College District Governing Board (Board) is initiating a Request for Qualifications (RFQ) to solicit responses from experience executive search firms interested in serving as consultant to the Board in the recruitment and hiring for the Superintendent/President of Southwestern Community College District (District).

B. Southwestern Community College District Established in 1961 Southwestern Community College District is a single college district, one of 115 community colleges in California. Located in the South County, San Diego County, Southwestern College is one of the most diverse community colleges in the nation. As a proud Hispanic Serving Institution (HSI) the college serves approximately 28,000 students annually with 68% of the student body Latina/Latino; 14% Asian American, Native American, and Pacific Islander (AANAPISI); 5% African American Black and 10.2% White. The college serves the communities of Chula Vista, San Ysidro, San Diego, Otay Mesa, National City, and Coronado Island.

SCOPE OF SERVICES

A. The Board will be considering a selection of specific services and therefore may not choose all services your firm can provide. Responses should include (but not limited to) the following:

a. Assist the Board in developing and implementing a process for replacing the Superintendent/President consistent with the participatory governance environment in California and the protection of applicant confidentiality.

b. Facilitate the identification of traits, core competencies and/or desired skills and abilities.

c. Support the search committee on the development and advertisement of the position announcement, website, and print materials; and distribution of the recruitment materials

d. Contact, identify and recruit diverse potential candidates e. Support and assist search committee on the coordination of paper screening and

interviews f. Receive and process all applications g. Conduct background and reference checks for qualified candidates h. Conduct preliminary screening for minimum qualifications and interviews i. Coordinate the interview process and the forum process j. Assist with development of appropriate questions k. Ensure the Board has qualified candidates to interview

Although this is not an exhaustive list, the selected firm should have experience guiding the Board through all aspects of the executive search including compliance with the Brown Act.


TIMELINE/SCHEDULE The following is the proposed timeline:

Release RFQ to consultants: August 31, 2020

Submission deadline: September 14, 2020 by 5:00PM

Interviews with Governing Board: Interviews will be scheduled during the following timeframe at the discretion of the District: September 21st thru October 2nd

Award of Contract: Contract will be awarded as soon as the best qualified firm is identified

GENERAL TERMS AND CONDITIONS

A. Additional Services The District may elect at any time to amend any contract awarded hereunder to require the selected firm to provide additional services. In this case, the selected firm and the District will agree mutually, in writing, on the scope and fees associated with any additional services requested and will be approved as an Amendment to the Agreement.

B. Addenda The District may modify this RFQ or any of its deadline dates set forth in the RFQ prior to the date fixed for submission of responses by issuance of an addendum.

C. Right of Cancellation The District reserves the right to cancel the RFQ at any time prior to contract award without obligation in any manner for response preparation, interview, fee negotiation or other marketing costs associated with this RFQ. The District may reject any or all submittals and may waive any immaterial deviation for the RFQ. The District’s waiver of any immaterial defect shall in no way modify the RFQ documents or excuse the responder from compliance with other provisions of the RFQ.

D. Right to Reject Proposers understand that the District reserves the right to reject any or all responses and to waive any information in the evaluation of responses. The District intends to verbally negotiate with the Consultants to reach a final agreement.

E. Disposition of Submittals Submittals become the property of the District and may be returned only at the District’s discretion and at responder’s expense. Information, excluding responder’s financial information, contained therein shall become the public documents subject to the Public Records Act.


F. Non Discrimination

Southwestern Community College District does not discriminate on the basis of race, ethnicity, color, national origin, ancestry, sex, age, religion, gender identity, marital status, disability, sexual orientation or sexual identification in any of its policies, procedures or practices.

G. Evaluation of Proposals All proposals received with response to the RFQ will be evaluated by the District. In conducting the evaluations, the District may obtain and use information, in addition to that contained in the proposals, from any source desired.

H. Restrictions on Lobbying and Contacts During the Solicitation window (from release of this RFQ to final award), Consultant is not permitted to contact any District employees or members of the Governing Board unless at the request of the District’s designated contact person Marc Colcleaser, Executive Assistant or to fulfill pre-existing contractual obligations. No gratuities of any kind will be accepted, including meals, gifts, or trips. Violation of these conditions may constitute immediate disqualification.

CONSULTANT REQUIREMENTS/RESPONSIBILITIES I. Evaluation and Selection Process

A contract will be awarded on the basis of which response the Governing Board deems best suited to fulfill the requirements of the RFQ and be the most advantages to the District. The Board reserves the right to not make an award if it deems no single response fully meets the requirements of the RFQ. The Board will be the sole judge in making such determinations, and its decision shall be final.

J. Conflicts of Interest All Consultants must disclose the name of any Board of Trustees member, officer, director, or agent who is also an employee of the Southwestern Community College District, which includes any District employee. Further all Consultants must disclose the name of any District or District employee, or Board of Trustees member, who has, directly or indirectly, any financial interests in the Consultant’s firm or any of its branches. Submit this information on an attachment to the response which is titled "Conflict of Interest" and include the person's name, interest or position, and percent of ownership, if applicable.

K. Cost of Preparing Responses Any and all costs associated with the preparation of responses to this Solicitation, including site visits (if required), oral presentations and any other costs shall be entirely the responsibility of the Consultant and shall not be reimbursable in any manner by the District.


L. Completion of Responses

Responses shall be completed in all respects as required by the instructions herein. A response may be rejected if it is conditional or incomplete, or if it contains alterations of forms or other irregularities of any kind. A response will be rejected if, in the opinion of the District, the information contained therein was intended to erroneously and fallaciously mislead the District in the evaluation of the response.

SUBMISSIONS Submissions are to be made by email by 5 p.m. on September 14, 2020 in pdf format. The District reserves the right to duplicate any provided materials for internal use. All submittals become the property of the District.

Submissions by email: Marc Colcleaser, Executive Assistant Office of the Superintendent/President/Governing Board [email protected]

mailto:[email protected]


Equal Opportunity Affirmative Action Statement

SOUTHWESTERN COMMUNITY COLLEGE DISTRICT EQUAL OPPORTUNITY AFFIRMATIVE ACTION STATEMENT

Consultant hereby certifies that in performing work or providing products for the District, there shall be no discrimination in its hiring or employment practices because of age, sex, race, color, ancestry, national origin, religious creed, physical handicap, medical condition, marital status, or sexual orientation, except as provided for in Section 12940 of the California Government Code. Consultant shall comply with applicable federal and California anti-discrimination laws, including but not limited to the California Fair Employment and Housing Act, beginning with Section 12900 of the California Government Code. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Non-Discrimination this day of , 2020.

_____________________________________ Name of individual, company or corporation

By:___________________________________ Title:_________________________________

Address:______________________________ _____________________________________ City State Zip Code


SAMPLE AGREEMENT

Please review the attached sample Agreement the District Reserves the Right to NOT Accept any exceptions brought forward by any firm/Proposer.

WHEREAS, it is the desire of the Governing Board of the Southwestern Community College District (hereinafter referred to as “District” or “Client”) to enter into Agreement No. 9419.20 with To be selected as an Independent Consultant (hereinafter referred to as “Consultant”); and whereas such service will assist the Governing Board in discharging its legal obligation to provide an adequate educational program; and whereas Government Code section 53060 authorizes the Governing Board to enter into contracts to obtain special services and advice in financial, economic, accounting, engineering, legal or administrative matters for the District; and WHEREAS, Consultant has represented to the Governing Board that Consultant is knowledgeable and qualified in skills required for this project and covenants that Consultant is capable of performing the services required under this Agreement; and WHEREAS, the Governing Board recognizes that Consultant is acting as an independent Consultant in the performance of work under this contract, and that Consultant, to the extent required by law, shall be solely responsible for the payment of any and all claims for loss, personal injury, death, property damage, or otherwise, arising out of any act or omission of its employees or agents in connection with the performance of work under this contract; and WHEREAS, Consultant understands that, for purposes of this Agreement, Consultant is not an employee of the District and does not qualify for employee benefits, including workers’ compensation benefits; and WHEREAS, District desires to obtain specialized services and/or advice for the Selection of Executive Search Firm for the Recruitment of the Southwestern Community College District Superintendent/President, hereinafter referred to as the “Project or Services”, located within the District; NOW THEREFORE, the following is agreed: 1. SERVICES AND WORK PRODUCT(S) TO BE RENDERED BY THE INDEPENDENT Consultant.

Southwestern Community College District

Independent Consultant Agreement


Consultant agrees to undertake, carry out and complete for the Governing Board, in a satisfactory and competent manner, the following services:

Recruitment of the Southwestern Community College District Superintendent/President See Exhibit A: Proposal/Scope of Work and Fees

2. COMPENSATION, MAXIMUM COST, AND PAYMENT.

a) In consideration of the service to be rendered by Consultant as outlined in this Agreement, the Governing Board agrees to pay Consultant a total amount not to exceed TBD for services and product delivery and subsequent receipt of invoice for services rendered and products delivered by Consultant.

b) Invoice shall be processed within thirty (30) days upon receipt and approval by Southwestern Community College District of an invoice, in triplicate, showing services rendered for the period covered by the invoice.

c) All invoices submitted must contain the following certification statement: “I certify that payment requested is for appropriate purposes and in accordance with the provisions of the Contract.” All invoices must be signed by Consultant’s Chief Financial Officer or designee.

d) Consultant certifies that Consultant has not and will not receive pay for the same services or days of service by any other public agency.

e) District shall not be liable to Consultant for any costs or expenses paid or incurred by Consultant in performing services for District, unless otherwise specifically stated in this Contract.

3. PERIOD OF PERFORMANCE. This period covered by this Agreement shall begin on TBD and shall

terminate on TBD . 4. CONFLICT OF INTEREST. If the District determines that Consultant is a “Consultant” under Political Reform Act of

1974, Consultant shall comply with all applicable Conflict of Interest laws, including the filing of a Statement of Economic Interest, pursuant to the District’s Conflict Code, under a disclosure category or categories as determined by the District’s Superintendent/President.


5. INDEPENDENT CONSULTANT.

Consultant, in the performance of this Contract, shall be and act as an independent Consultant. Consultant understands and agrees that he/she and all of his/her employees shall not be considered officers, employees or agents of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker’s Compensation. Consultant assumes the full responsibility for the acts and/or omissions of his/her employees or agents as they relate to the service to be provided under this Contract.

Consultant shall perform all Services under this Agreement in a skillful, competent and timely manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of Consultant's employees and subConsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents that it, its employees and subConsultants or sub-Consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any of Consultant's employees who are determined by District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any of Consultant's employees who fail or refuse to perform the Services in a manner acceptable to District, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

6. TAXES.

Consultant acknowledges and agrees that it is the sole responsibility of Consultant to report as income its compensation received from District and to make the requisite tax filings and payments to the appropriate federal, state or local tax authority. No part of Consultant’s compensation shall be subject to withholding by District for the payment of social security, unemployment, or disability insurance or any other similar state or federal tax obligation.

7. MATERIALS.

Consultant shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Contract unless otherwise specifically stated in the Contract. Consultant’s services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of his/her profession.


8. AUDIT AND INSPECTION OF RECORDS.

At any time during the normal business hours and as often as District may deem necessary, Consultant shall make available to District for examination at District’s place of business as specified herein, all data, records, investigation reports and all other materials respecting matters covered by this Contract and Consultant will permit the District to audit, and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Contract.

9. CONFIDENTIALITY AND USE OF INFORMATION.

a) Consultant shall hold in trust for the District, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the District’s research, development, trade secrets and business affairs; but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

b) Consultant shall advise the District of any and all materials used, or recommended

for use by Consultant to achieve the project goals, that are subject to any copyright restrictions or requirements. In the event Consultant shall fail to so advise the District and as a result of the use of any programs or materials developed by Consultant under this Contract the District should be found in violation of any copyright restrictions or requirements, or the District should be alleged to be in violation of any copyright restrictions or requirements, Consultant agrees to indemnify, defend and hold harmless, District against any action or claim brought by the copyright holder.

c) Notwithstanding the above requirements, to the extent any records or documents associated with the Consultant’s services and/or the project are or become public records, they shall be subject to disclosure pursuant to the Public Records Act and applicable California law.

10. EQUAL OPPORTUNITY/NON-DISCRIMINATION.

Consultant shall not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment; or discriminate in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual’s race, color, religion, sex, national origin, age, disability, medical condition, or marital status. Consultant shall ensure that services and benefits are provided without regard to race, color, religion, sex, age, or national origin. Consultant shall comply with the Americans with Disabilities Act and the Rehabilitation Act of 1973, as amended.


11. HOLD HARMLESS AND INDEMNIFICATION.

To the fullest extent permitted by law, Consultant shall defend (with counsel of District’s choosing), indemnify and hold the District, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subConsultants, Consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant shall reimburse District and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the District, its directors, officials officers, employees, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant agrees to waive all rights of subrogation against the District.

a) THE PARTIES UNDERSTAND AND AGREE THAT ARTICLE VIII, PARAGRAPH 1 OF THIS

AGREEMENT SHALL BE THE SOLE INDEMNITY, AS DEFINED BY CALIFORNIA CIVIL CODE § 2772, GOVERNING THIS AGREEMENT. ANY OTHER INDEMNITY THAT MAY BE ATTACHED TO THIS AGREEMENT AS AN EXHIBIT SHALL BE VOID AND UNENFORCEABLE BETWEEN THE PARTIES.

b) ANY ATTEMPT TO LIMIT THE CONSULTANT’S LIABILITY TO THE DISTRICT IN AN

ATTACHED EXHIBIT SHALL BE VOID AND UNENFORCEABLE BETWEEN THE DISTRICT AND THE CONSULTANT.

c) DISTRICT INDEMNITY OF CONSULTANT. The District shall indemnify and hold

harmless Consultant from claims arising out of bodily injury (including death) and physical damage which arise out of the negligent or willful acts, omissions or other conduct of the District.

12. INSURANCE

Consultant shall purchase and maintain policies of insurance with an insurer or insurers, qualified to do business in the State of California and acceptable to District which will protect Consultant and District from claims which may arise out of or result from Consultant’s actions or inactions relating to the Agreement, whether such actions or inactions be by themselves or by any subConsultant or by anyone directly or indirectly


employed by any of them, or by anyone for whose acts any of them may be liable. The aforementioned insurance shall include coverage for: a) The Consultant shall carry Workers’ Compensation and Employers Liability

Insurance in accordance with the laws of the State of California. However, such amount shall not be less than ONE MILLION DOLLARS (\$1,000,000).

b) Commercial general liability insurance with limits of not less than TWO MILLION DOLLARS (\$2,000,000) and automobile liability insurance with limits of not less than ONE MILLION DOLLARS (\$1,000,000) for bodily injury and property damage liability, per occurrence, including coverage for the following:

i. Owned, non-owned and hired vehicles;

ii. Blanket contractual; iii. Broad form property damage; iv. Products/completed operations; and v. Personal injury.

c) Professional liability insurance (errors and omissions), including contractual

liability, with limits of ONE MILLION DOLLARS (\$1,000,000), per claim. Such insurance shall be maintained during the term of this Agreement and renewed for a period of at least five (5) years thereafter and/or at rates consistent with the time of execution of this Agreement adjusted for inflation. Failure to maintain professional liability insurance is a material breach of this Agreement and grounds for immediate termination. Depending on the nature of Consultant Services contemplated in this Agreement, the District may at its discretion waive this section for Professional liability insurance requirement in its entirety.

d) Valuable Document Insurance. The Consultant shall carry adequate insurance on

all reports, drawings, specifications, record drawings and/or other documents as may be required to protect the District in the amount of its full equity in those reports, drawings, specifications, record drawings and/or other documents, and shall file with the District a certificate of that insurance. The cost of that insurance shall be paid by the Consultant, and the District shall be named as an additional insured. Depending on the nature of Consultant Services contemplated in this Agreement, the District may at its discretion waive and or modify this section for Valuable Document Insurance requirement.

e) Each policy of insurance required in Paragraph b above shall name District and its

officers, agents and employees as additional insureds; shall state that, with respect to the operations of Consultant hereunder, such policy is primary and any insurance carried by District is excess and non-contributory with such primary insurance; shall state that written notice shall be given to District prior to cancellation; and, shall waive all rights of subrogation. Consultant shall notify


District in the event of material change in, or failure to renew, each policy. In the event Consultant fails to secure or maintain any policy of insurance required hereby, District may, at its sole discretion, secure such policy of insurance in the name of and for the account of Consultant, and in such event Consultant shall reimburse District upon demand for the cost thereof.

f) Policy Endorsements; Evidence of Insurance. Prior to commencing work,

Consultant shall deliver to the District Certificates of Insurance evidencing each of the policies of insurance in the coverage amounts required herein. All policies of insurance required herein shall be issued by insurer(s) authorized to issue insurance policies by the State of California and who are A.M. Best rated at least A-/VII. Coverages under each policy of insurance required herein, whether by endorsement or otherwise, shall provide that such policy will not be modified, canceled or allowed to expire without at least thirty (30) days advance written notice to the District.

g) In the event that Consultant subcontracts any portion of Consultant’s duties,

Consultant shall require any such sub-Consultant to purchase and maintain insurance coverage for the types of insurance referenced in this section, Paragraphs a, b, c, and d above in amounts which are appropriate with respect to that sub-Consultant’s part of work which shall in no event be less than FIVE HUNDRED THOUSAND DOLLARS (\$500,000) per occurrence.

13. TERMINATION.

a) Grounds for Termination. District may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least fourteen (14) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to District, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

b) Effect of Termination. If this Agreement is terminated as provided in this Section, District may require Consultant to provide all finished or unfinished documents, data, programming source code, reports or any other items prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such


manner as it may determine appropriate, services similar or identical to those terminated.

14. PREVAILING WAGES.

If applicable and required under California Labor Code section 1720 et seq., AGREEMENT or shall pay, and shall cause all sub-consultants and/or subConsultants of every tier to pay, not less than the specified prevailing wage rates, to the extent applicable, to all workers employed to perform work or Services under this AGREEMENT. Consultant shall defend, indemnify and hold DISTRICT, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor, and debarment of Consultants and subConsultants.

15. REGISTRATION. If the services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all sub-consultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any sub-consultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

16. INSTALLATION REQUIREMENTS. As may be further described and set forth in the Scope of services, all installation, integration, and other potentially public works construction activities which may be contemplated by Consultant, shall be performed in accordance with all applicable, laws, rules, and regulations of the District.

17. ORIGINALITY.

Consultant agrees that all material produced by the Consultant and delivered to Southwestern Community College District hereunder shall be original, except for such portion as is included with permission of the copyright owners thereof, that it shall contain no libelous or unlawful statements or materials, and will not infringe upon any copyright, trademark, patent, statutory or other proprietary rights of others and that it will hold harmless the Governing Board from any costs, expenses and damages resulting from any breach of this representation.


18. WORKS FOR HIRE.

Consultant understands and agrees that all matters produced under this Contract shall be works for hire and shall become the sole property of District and cannot be used without District’s express written permission. District shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District.

Consultant consents to use of Consultant name in conjunction with the sale, use, performance and distribution of the matters, for any purpose and in any medium.

19. RIGHTS IN DATA.

Consultant grants to the Governing Board the right to publish, translate, reproduce, deliver, use and dispose of, and to authorize others to do so, all data, including reports, drawings, blueprints, and technical information resulting from the performance of work under this Contract.

20. COMPLIANCE WITH APPLICABLE LAWS.

The service completed herein must meet the approval of the District and shall be subject to the District’s general right of inspection to secure the satisfactory completion thereof. Consultant agrees to comply with all federal, state and local laws, rules, regulations, and ordinances that are now or may in the future become applicable to Consultant, Consultant’s business, equipment and personnel engaged in operations covered by this Contract or accruing out of the performance of such operations.

21. PERMITS/LICENSES.

Consultant and all Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Contract.

22. NON-WAIVER.

The failure of District or Consultant to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Contract shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition.

23. SEVERABILITY.

If any term, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will


nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

24. ASSIGNMENT.

This Contract is not assignable by Consultant either in whole or in part, nor shall the Consultant further contract for the performance of any of its obligations hereunder, without the prior written consent of the Governing Board.

25. GOVERNING LAWS.

This Contract shall be governed by and construed in accordance with the laws of the State of California.

26. ENTIRE AGREEMENT/MODIFICATION.

All of the Agreement between the Parties is included herein, and no warranties expressed or implied, representations, promises, or statements have been made by either Party unless endorsed hereon in writing, and no charges or waiver of any provision hereof shall be valid unless made in writing and executed in the same manner as the Agreement. Neither amendments to nor modifications of this Agreement shall be effective unless signed by officials of the Consultant and the District having authority equal to or greater than that of the officials signing this Agreement. The District and the Consultant hereby agree to the full performance of the covenants contained herein.

27. NOTICES.

All notices to any party hereunder shall be in writing, signed by the party giving it, and shall be sufficiently given or served, if personally served or if sent by registered mail addressed to the parties at their address indicated in this Contract.

28. BOARD APPROVAL.

In accordance with California Education Code section 81655, this Agreement is not a valid or enforceable obligation against the District until approved or ratified by motion of the Governing Board of the District duly passed and adopted.

SIGNATURE PAGE FOLLOWS


IN WITNESS WHEREOF, the parties have executed this Contract as of the date thereof.

$formula($company_name) Southwestern Community College District

$formula($name_of_the_authorized_legal_reprensentative) $formula($title_of_the_authorized_legal_reprensentative)

Rosalinda Hernandez Director of Procurement, Central Services & Risk Management

$formula($corporate_address)

900 Otay Lakes Road Chula Vista, CA 91910-7299

Telephone: $formula($vendor_company_telephone)

Telephone: 619 482-6557

Fax: $formula($vendor_company_fax) Fax: 619 482-6323

Email: $vendor_contact_email Email: [email protected]

Signature: $docusign:SignHere::Customer1

Signature: $docusign:SignHere::InternalSigner1

Date: $docusign:DateSigned::Customer1

Date: $docusign:DateSigned::InternalSigner1

Are you a District employee?

Is a Credential or Special License required for this Consultant?

Originator: Kindred Murillo, Ed.D., Superintendent/President Account No.: PENDING

If yes, please specify and attach a copy of current License.

rfq selection of executive search firm superintendent

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