14-0916_DUNN, STEVE_CC_D11_Agenda Report 9/16/2014
D11
City n Jun Capistrano
Agend
apoft
6
TO: Karen P. Brust, City Manage
FROM: Tom Bokosky, Human Res rc , er
DATE: September 16, 2014
SUBJECT: Consideration of Approving a Third Amendment to a Personal Services
Agreement with Steve Dunn to Provide Human Resources and Risk
Management Services (Steve Dunn)
RECOMMENDATION:
By motion, approve a Third Amendment to the Personal Services Agreement with Steve
Dunn to provide human resources and risk management services, for $10,000, for a
total cost not to exceed $55,000.
EXECUTIVE SUMMARY:
The City has contracted with Steve Dunn since July 1, 2011, to provide human
resources and risk management consulting services, on an as needed basis. Staff is
recommending that the City Council approve a Third Amendment to the Personal
Services Agreement with Steve Dunn by increasing the contracted amount by $10,000,
for a total cost not to exceed $55,000, through June 30, 2015.
DISCUSS ION/ANALYSIS:
Mr. Dunn represented the City during labor negotiations in 2011 and 2014. Mr. Dunn
also assists the City with personnel matters, such as; employee grievances, job
classifications, personnel investigations and updating the City's Personnel Rules and
Regulations.
The First Amendment to the Personal Services Agreement was approved by the City
Council on June 1 , 2012, for a total cost not to exceed $35,000, Effective December
1 , 2012, the City Council adopted new Purchasing Policies and Procedures, which
increased the City Manager's authority to approve amendments to Personal Services
Agreements up to $45,000. The Second Amendment was approved by the City
Manager, effective August 15, 2013, for a total cost not to exceed $45,000.
City Council Agenda Report
September 16, 2014
Page 2 of 2
Mr. Dunn has a thorough understanding of the City's labor agreements, Personnel
Rules and Regulations and City operations. Therefore, in accordance with the City's
Purchasing Policies and Procedures, Staff recommends that the City Council approve a
sole source Third Amendment to the Personal Services Agreement with Mr. Dunn, by
increasing the Agreement amount by $10,000, for a total cost not to exceed $55,000.
This will allow the City to continue to use Mr. Dunn's services, as needed, through June
3 , 2015.
FISCAL IMPACT:
The cost of the current Personal Services Agreement is not to exceed $45,000, for
which the City has paid $42,746, from July 1, 2011, to date. The cost of the proposed
Third Amendment is $10,000, for a total cost not to exceed $55,000, incurred at a rate
of $90.00 per hour. The cost is included in the Adopted Fiscal Year 2014-2015
Operating Budget.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
On June 19, 2012, the City Council approved the First Amendment to the
Personal Services Agreement with Steve Dunn to provide Human Resources and
Risk Management Services.
COMM ISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Not applicable.
ATTACHMf NTCS
Attachment 1 — Personal Services Agreement
Attachment 2 — First Amendment
Attachment 3 — Second Amendment
Attachment 4 —Third Amendment
?,E.RSONAL SERVICES AGREEMENT
THIS AGREEMENT is made,entered into,and shall become effective this 1"t day of
JuN, 2011, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and Steve Dunn (hereinafter referred to as the "Consultant"),
2JECIIA-08'
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Human Resources and Risk Management Services', and
WHEREASS, 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. §cpRg of Work,
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit" "aftached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit�A' rid those provisions
contained withire this Agreement, the provisions in this Agreement shall control.
Section 2. Term,
This.Agreernent shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2012
Section 3, Compensation,
3.1 Amount.
Total compensation for the services hereunder shall not exceed$25,000 incurred at
a rate of$90,00 per hour,
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit invoices based on total services
which have been satisfactorily completed for such period,
13 Records of Expenses
Consultant shall keep cornplete 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 the City, Invoices shall be addressed as provided for in Section 16
below,
ATTACHMENT 1
Section 4. lnd*Rlndent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees,
Section 5. Limitations Upon SubcontragIng and Assignment
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the 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 the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shalt 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for int 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 Consuftanfs fees.
Section T. Familiarity with Work Mindfor Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2)if applicable,it has investigated the work site(s),and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. 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.the 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.
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jection 9. Compliance with Lawjg-Venfy.
9.1. Compliance with Low.
Consultant shall comply with all applicable laws,ordinances,codes and regulations
of federal, state and local government.
9.2. E-Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E-Verify program,Consultant shall enroll in the E-Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E-Verify program can be found at httD://www.ljscis.gov, or
access the registration page at httos://e-vedfv.uscis.00v/enrolV. Consultant shall certify its
registration with E-Verffy and provide its registration number within sixteen days of the
effective date of this Agreement Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
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 bee ploy d by or associated with Consultant.
Section 11. Copies of or Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. OwnershJ2 of Documents.
All reports, information, data and exhibits prepared ora a bl by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
tot 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,
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jaction 13. Indemni
Consultant shall indemnify, defend, and hold City, its officials, officers agents and
employees harmless from and against any and all actions,claims,damages,expenses and
liability which may arise as a result of the gross negligence or willful misconduct of
Consultant in performing the Services hereunder, and excepting such claims, actions, or
suits which arise as a result of the negligence or willful misconduct oft City, its officers,
agents or employees.
City shall hold harmless, indemnify, defend and hold Consultant from and against
any and all actions,claims,damages,expenses and liability,including costs and attorney's
fees, which may arise as a result of City's performance of its duties hereunder, and
excepting such claims, actions or suits.,which arise as a result of the gross negligence or
willful misconduct of the Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any to of this
Agreement,Consultant,at its own cost and expense,shall carry,maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City,the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City,
14.1 Comprehensive Automobile Liability,
Throughout the term of this Agreement,Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage in an amount not less than
required by California to law.
14.2 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 Employees Liability Insurance in the statutory amount as required
by state law.
14.3 Proof of Insurance Requirements.
Prior to beginning any work under this Agreement, Consultant shall submit
proof of insurance to the City Clerk's office for certification that the insurance requirements
of this Agreement have been satisfied.
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14.4 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.5 Notice to proceed.
Consultant shall not proceed with any word under this-Agreement until the
City has Issued a written"Notice to Proceed"verifying that Consultant has complied with all
insurance requirements of this Agreement.
§Action 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition,this Agreement may be terminated by any party for cause by providing
ten (10)days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract,then the agreement may be terminated subsequent
to the ten (10)day cure period.
§qction 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 an Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Cathy Sal do
To Consultant: Steve Dunn
1625 Avocado
Oceanside, CA 92054
Section 17. A Lttorneys' 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.
5
ARdLon 1 0 QlagUJ2 glutin.
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
e auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. EnUmareement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations en there pertaining to the subject
matter thereof.
IN WIT f ESS WHEREOF, the parties hereto have executed this Agreement.
;C1 OFSANN IST O
grim P. Srust. M a ger
CONSULTANT
By:
vee un
ATTEST-
Maria Mords, City CI
APPROVED AS TO FORM:
f
vl, i Attorney td
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EXHIBIT"A"
SCOPE OF SERVICES
A. j2gWAf Services.
CONSULTANT agrees to perform consulting services as required
and requested by City for the role of As-Needed Human Resources and Risk
Management Services. CONSULTANT shall provide the necessary qualified
personnel to perform the services. In performance of the services
CONSULTANT shall provide the following:
1. CONSULTANT will provide human resources and risk
management consulting services related to the CITY.
B. Additional Compensation and Reirribgrapment.
CITY shall reimburse CONSULTANT all reasonable costs and
expenses relating to CONSULTANTs providing Services such as mileage(at the
prevailing IRS rate), document duplication, long distance telephone and
facsimiles. There will be no additional charges such as expenses for lodging and
meals. CONSULTANT shall apportion such expenses among CITY and
CONSULT other customers when deemed appropriate by CONSULTANT.
Such costs and expenses shall be based on CONSULTANT's actual cost and
shall not include any administrative mark-up. CONSULTANT shall maintain
complete and detailed records of any such expenses which shall be made
available to CITY upon request.
EXHIBIT A
First Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the City of San
Juan Capistrano ("City")and Steve Dunn ("Consultant") is made and entered into, to be
effective the 10 day of July, 2012, as follows.
Recitals
WHEREAS, City has retained the services of Consultant to provide Human
Resources and Risk Management Services pursuant to Agreement dated July 1, 2011;
and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
Amendment
NOW THEREFORE, in consideration of the promises of mutual covenants
contained therein, City and Consultant agree to amend the Agreement as follows:
Section 2. Term.
The term and completion date of the Agreement is hereby extended to June 30,
2013.
x'ectio=n 3.
sx=uL,xCompensation.
3.1 Amount
Total compensation for the services under the extended to shall not exceed
10,0 , incurred at a rate of_ 0.00 per hour.
All other provisions of the Agreement not amended hereunder shall remain in full
for and affect.
(SIGNATURE PAGE FOLLOWS)
ATTACHMENT 2
IN WITNESS W , the parties hereto have executed this Agreement.
it t pis-j no
Larry K6, rher, Mayor
Consultant
Steve Dun
Maria Dela*£City Cfetk
APPROVED AS TO FOR:
tr
z
Omar Sandoval, City Attorney
Second Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the City of San
Juan Capistrano ("City") and Steve Dunn ("Consultant") is made and entered into, to be
effective the 15th day of August, 2013, as follows:
Recitals
WHEREAS, City has retained the services of Consultant to provide Human
Resources and Risk Management Services pursuant to Agreement dated July 1, 2011;
and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
Amendment
NOW THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant agree to amend the Agreement as follows:
Section 2. Term.
The term and completion date of the Agreement is hereby extended to June 30,
2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services shall not exceed $45,000, incurred at a rate of
$90.00 per hour or$120.00 per hour for labor negotiations services.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
ATTACHMENT 3
All notices shall be personally delivered or mailed to the below listed addresses, or t
such other addresses as may be designatedy written notice, These addresses shall
be used for delivery of service of pr
To City: City of San Juan Capistrano
32400 Paseo Adelanto
rs Juan Capistrano, CA 92675
Attn: Tom Bokosky, Human Resources Manager
To n leant: Mr. Steve Dunn
1625 Avocado
Oceanside, CA 92054
IN WITNESS , the parties hereto have executed this Agreement.
pig 1
s
Oren P. first, City Manager
Consultant
By: t
Mr, Steve Dunn
TT1s `a
r
Maria rClerk
r eg
FOf TO FORK
Hans Van Ligten, City ttrny
it Amendment to
Personal Services Agreement
THIS AMENDMENT to the Personal Services Agreement between the City of San
Juan Capistrano ("City") and Steve Dunn ("Consultant") is made and entered into, to be
effective the 16 th day of September, 2014, as follows:
Recitals
WHEREAS, City has retained the services of Consultant to provide Human
Resources and is Management Services pursuant to Agreement dated July 1, 2011;
and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
Amendment
NOW THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant agree to amend the Agreement as follows:
Section 3. qqMpAnsation.
3.1 t®
Total compensation for the services under the' Agreement shall not exceed
$55,000, incurred at a rate of$90.00 per hour.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
(SIGNATURE PAGE FOLLOWS)
ATTACHMENT 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of San Juan Capistrano
By:
Sam Allevato, Mayor
Consultant
By:
Mr. Steve Dunn
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney