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).
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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).
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Attachment 1
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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.
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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.
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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.
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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.
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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
•
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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