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06-0905_PUBLIC SECTOR PERSONNEL CONSULTANTS_Personal Services Agreement (2)0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5th day of September, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Public Sector Personnel Consultants (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to undertake a Classification, Compensation and Organizational Study; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than January 8, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifty-five Thousand Dollars ($55,000). _l SD 0 0 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of project completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Payment shall be made within thirty (30) days of invoice receipt by the City. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. -2- 0 0 Section 7. Familiarity with Work By executing this Agreement, Consultant warrants that it has investigated the work to be performed. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered tc City at least one (1) copy of any final reports containing Consultanrs findings, conclusions, and recommendations with any and all supporting documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. -3- 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. -4- 0 0 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.5 Proof of Insurance Requirements. Consultant shall submit the endorsement and insurance certificate, including the deductible or self -retention amount, to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied prior to beginning any work under this Agreement. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. -5- 0 0 Section 15. Termination. City and Consultant shall have the right to terminate this Agreement, with cause, immediately; or without cause, by giving thirty (30) days' written notice of termination. If the City terminates this Agreement pursuant to this provision, a pro rata payment shall be made for work done. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Human Resources Manager To Consultant: Public Sector Personnel Consultants 4110 N. Scottsdale Road, #140 Scottsdale, AZ 85251 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Elm Section 19. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: John "haw, City Attorney CITY OF SAN JUAN CAPISTRANO David M. Swerdlin, Mayor CONSULTANT -7- 0 EXHIBIT A SCOPE OF TASKS 9 The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: Management and employee communication plan; partnership with Human Resources and the City Manager; occupational, organizational, and operational familiarization; Position Description Questionnaire (PDQ), job analysis, 60 worksite job information or "employee request for review" interviews, position classification; FLSA status determinations; ADA/EEO-compliant job descriptions for each City classification; EZ COMPTM; job evaluation; compensation survey and competitiveness analysis; salary range assignments; fiscal impact estimates; organizational structure and service delivery analysis and recommendations; updated classification and compensation plan and one year of classification and compensation plan implementation support for approximately 100 employees in an estimated 65 occupational job classes. A complete description of the services to be provided is contained in a proposal from the Consultant to the City, dated August 8, 2006, and letter dated August 25, 2006, which are incorporated herein by reference and available for public review at the office of the City Clerk. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org June 4, 2007 Public Sector Personnel Consultants 4110 N. Scottdale Rd. #140 Scottsdale, AZ 85251 VIJUN 04'2007 COUNCIL THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Compliance with Insurance Requirements — Classification Compensation Study The following insurance documents are due to expire: ✓ General Liability Certificate 6/1/2007 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Automobile Liability Certificate 6/1/2007 ✓ Professional Liability Certificate 8/4/2007 Please submit updated documentation by the above expiration dates to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 or fax to (949) 493-1053. If you have any questions, please contact peat (949) 443-6309. Lriar-�t Deputy City Clerk cc: Julia Silva, Human Resources Manager San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100% recycled paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sarijuanetiptstrano.org TRANSMITTAL TO: dNa„ �, • AM M IA[IIIIIIIFI ' / D+AlllfaFl � 1961 1776 " Matthew Weatherly, President Public Sector Personnel Consultants 4110 N. Scottsdale Road #140 Scottsdale, AZ 85251 DATE: October 17, 2006 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Classification, Compensation and Organizational Study MEMBERS OF THE CITY COUNCIL Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6309. If you have questions concerning the agreement, please contact Julia Silva, Human Resources Manager(949)443-6366. An original, executed agreement is enclosed for your records. Cc: Julia Silva, Human Resources Manager San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100% Recycled Paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, OA 92675 (949) 493-1171 (949) 493-1053 FAx www.sat?luancapistrano.org September 12, 2006 Matthew Weatherly, President Public Sector Personnel Consultants 4110 N. Scottsdale Road, #140 Scottsdale. AZ 85251 Dear Mr. Weatherly: IRIRRRBRRiFR BruusRfc li, 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to classification, compensation and organizational study is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Julia Silva, Human Resources Manager at (949) 443-6321. Please call Maria Guevara, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance neededA Deputy Vy Clerk cc: Julia Silva, Human Resources Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 SUPPLEMENTARY AGENDA REPORT TO: Honorable Mayor and Membersoff f e City Council FROM: Dave Adams, City Manageo SUBJECT: Consideration of Approval of a Personal Services Preparation of the Classification, Compensation and Study and an Appropriation of Funds for Project Sector Personnel Consultants) RECOMMENDATION: There is no change to the original agenda item. 9/5/2006 G 1b Agreement for Organizational Costs (Public SITUATION: The above referenced agenda item was inadvertently submitted without the scope of work, Exhibit A, attached to the Personal Services Agreement. Attached, please find page 8 of the agreement, said Exhibit A. Respectfully submitted, Dave Adams City Manager Prepared by, Juli Silva uman Resources Manager Attachment 1: Exhibit A of the Consulting Services Agreement 0 EXHIBIT A SCOPE OF TASKS 0 The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: Management and employee communication plan; partnership with Human Resources and the City Manager; occupational, organizational, and operational familiarization; Position Description Questionnaire (PDQ), job analysis, 60 worksite job information or "employee request for review" interviews, position classification; FLSA status determinations; ADA/EEO-compliant job descriptions for each City classification; EZ COMPTM; job evaluation; compensation survey and competitiveness analysis; salary range assignments; fiscal impact estimates; organizational structure and service delivery analysis and recommendations; updated classification and compensation plan and one year of classification and compensation plan implementation support for approximately 100 employees in an estimated 65 occupational job classes. A complete description of the services to be provided is contained in a proposal from the Consultant to the City, dated August 8, 2006, and letter dated August 25, 2006, which are incorporated herein by reference and available for public review at the office of the City Clerk. —8— • AGENDA ITEM • 9/5/2006 G 1b TO: Honorable Mayor and Members of the City Council q�F FROM: Dave Adams, City Manager� SUBJECT: Consideration of Approval of a Personal Services Agreement for Preparation of the Classification, Compensation, and Organizational Study and an Appropriation of Funds for Project Costs (Public Sector Personnel Consultants) RECOMMENDATION: By motion, approve the selection of Public Sector Personnel Consultants to conduct a Classification, Compensation and Organizational Study of the City of San Juan Capistrano. Approve the Consulting Services Agreement with Public Sector Personnel Consultants, in the amount of $55,000 and authorize the allocation of $35,000 from the General Fund Reserve to the Personnel Division's Special Studies Account (01-62139- 4121) SITUATION: As an outcome of the meet and confer process with the Employee Associations in 2005, the City Council directed staff to solicit proposals from qualified consultants to conduct a Classification and Compensation Study. Due to the City, s desire to examine the functional relationships and staffing of the City departments, it was decided to also undertake an organizational study. For the sake of economy of costs, it would be prudent to undertake the Organizational study concurrently with the Classification and Compensation Study. The Study is to be completed and the resulting data available for the meet and confer process in 2007. Proposals were solicited in July 2006. Nine consulting firms responded to our request. These firms and their proposed costs are shown below: Consultant Proposed Cost The Mercer Group, Inc. $34,000 S rin sted Incorporated 54,000 Public Sector Personnel Consultants 55,000 Reward Strategy Group, Inc. 61,450 Koff and Associates 63,870 The Davis Company 67,000 Nash and Company, Inc. 67,700 Johnson and Associates 88,850 CPS Human Resources Services 97,650 0 Agenda Item -2- September 5, 2006 As shown in the table above, the proposals ranged in cost from $34,000 to $97,650, with the majority of the proposals between $54,000 and $67,700. Each of the proposals was considered and evaluated based upon proposed cost, the experience record of the consultant, proposed methodology for the study, ability to demonstrate understanding of the City's needs as was described in the request for proposal, ability of the firm to complete the work within the timeframe outlined by the City, professional qualifications of the firm's personnel and demonstrated record of success. In general, staff was pleased with the quality of the proposals received. After careful evaluation of the proposals, staff identified five consulting firms which best met the City's criteria. These firms were Springsted Incorporated, Public Sector Personnel Consultants, Reward Strategy Group, Koff and Associates and Nash and Company. These five firms were invited for interviews on Augult 21, 22 and 23, 2006. Staff used the interview process to further evaluate and rate each consultant's approach, philosophy, project team and overall qualifications, as well as how each proposes to meet the City's needs. After careful consideration, it is recommended that the City of San Juan Capistrano retain Public Sector Personnel Consultants to conduct a Classification, Compensation and Organizational Study. This recommendation is based on cost, methodology proposed, the firms demonstrated record of success in project implementation, the firm's ability to meet the City, s timeframe and the professional qualifications of the project team. It is expected that through an occupational, organizational, and operational familiarization with the City and its functions, Public Sector Personnel Consultants will produce a management and employee communication plan in partnership with Human Resources and the City Manager; a Position Description Questionnaire (PDQ); worksite job information or "employee request for review" interviews; job analysis and position classification; FLSA status determinations; ADA/EEO-compliant job descriptions for each City classification; a job evaluation plan; a compensation survey and competitiveness analysis; salary range assignments; fiscal impact estimates; organizational structure and service delivery analysis and recommendations; an updated classification and compensation plan and one year of classification and compensation plan implementation support. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. 0 Agenda Item -3- September 5, 2006 FINANCIAL CONSIDERATIONS: The cost of this study is $55,000. This expenditure was partially included in the FY2006-07 Budget, as the cost was not known. Because of the scope of the study, the proposed cost is higher than the $20,000 which was originally allocated to this project. At this time, it will be necessary to authorize the allocation of $35,000 from the General Fund Reserve to the Personnel Division's Special Studies Account (01-62139-4121). NOTIFICATION: All of the consulting firms who submitted proposals have been notified of their standing throughout the selection process. City of SJC City Employees Association* SJC Management and Professional Employees Association* City Employees Associates* By motion, approve the selection of Public Sector Personnel Consultants to conduct a Classification, Compensation and Organizational Study of the City of San Juan Capistrano. Approve the Consulting Services Agreement with Public Sector Personnel Consultants, in the amount of $55,000 and authorize the allocation of $35,000 from the General Fund Reserve to the Personnel Division's Special Studies Account (01-62139- 4121) Respectfully submitted, Dave A c� City Manager JMS Attachment: Consulting Services Agreement Prepared by, wv� c`�, �J� • l k VOA, Silva Human Resources Manager 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5th day of September, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Public Sector Personnel Consultants (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to undertake a Classification, Compensation and Organizational Study; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than January 8, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifty-five Thousand Dollars ($55,000). -1- Attachment 1 0 0 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of project completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Payment shall be made within thirty (30) days of invoice receipt by the City. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontractina and Assianment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. -2- 0 0 Section 7. Familiarity with Work .By executing this Agreement, Consultant warrants that it has investigated the work to be performed. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports containing Consultant's findings, conclusions, and recommendations with any and all supporting documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. -3- 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. -4- 0 0 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.5 Proof of Insurance Requirements. Consultant shall submit the endorsement and insurance certificate, including the deductible or self -retention amount, to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied prior to beginning any work under this Agreement. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. -5- U Section 15. Termination. n LJ City and Consultant shall have the right to terminate this Agreement, with cause, immediately; or without cause, by giving thirty (30) days' written notice of termination. If the City terminates this Agreement pursuant to this provision, a pro rata payment shall be made for work done. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Human Resources Manager To Consultant: Public Sector Personnel Consultants 4110 N. Scottsdale Road, #140 Scottsdale, AZ 85251 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 01 0 Section 19. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Meg Monahan, City Clerk APPROVE S�F40 R M: John R. $haw, City Attorney CITY OF SAN JUAN CAPISTRANO M CONSULTANT -7- U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 EAJc www.sanjuancapistrano.org 1 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETIRG-OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 5, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Personal Services Agreement for Preparation of the Classification, Compensation, and Organizational Study and an Appropriation of Funds for Project Costs (Public Sector Personnel Consultants)" — Item No. G1b. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Tuesday, September 5, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Julia Silva, Human Resources Manager. You may contact that staff member at (949) 443-6321 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaaistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas a0sanivancaaistrano.org. Meg Monahan, CMC City Clerk cc: City of SJC City Employees Association*; SJC Management and Professional Employees Association*; City Employees Associates*; Julia Silva, Human Resources Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnrn d on 100% Recycled Paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org September 6, 2006 • �Illlpp j� mcouonnuo • EST RLIS HID 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On September 5, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of a Personal Services Agreement for Preparation of the Classification, Compensation, and Organizational Study and an Appropriation of Funds for Project Costs (Public Sector Personnel Consultants)" Item No. G1 b. The following action was taken at the meeting: Selection of Public Sector Personnel Consultants to conduct a Classification, Compensation and Organizational Study of the City of San Juan Capistrano, approved; Personal Services Agreement with Public Sector Peronnel Consultants, in the amount of $55,000 approved; and allocation of $35,000 from the General Fund Reserve to Personnel Division Special Studies Account (01-62139-4121) approved. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Julia Silva, Human Resources Manager at 443-6321 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: City of SJC City Employees Association*; SJC Management and Professional Employees Association*; City Employees Associates*; Julia Silva, Human Resources Manager San Juan Capistrano: Preserving the Past to Enhance the Future C••i Printed on 100% Recycled Paper