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City of Huntington Beach
File #: 21-202 MEETING DATE: 3/15/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: John Clark, Interim Administrative Services Director
Subject:
Approve and authorize execution of an Agreement with Public Sector Personnel Consultants,
Inc. (PSPC) to conduct a Citywide Classification and Compensation Study
Statement of Issue:
The City last conducted a large-scale Classification and Compensation Study in 2006. Periodic
reviews of the City's classification plan help ensure internal structural alignment, simplify existing
classification structures, address recruitment and retention needs, and conduct a comparison within
the City's employment market. Staff is seeking City Council approval for an agreement with Public
Sector Personnel Consultants to conduct a comprehensive Classification and Compensation Study.
Further, coordinating such a study is a requisite per our current Memoranda of Understanding with
the Huntington Beach Municipal Teamsters, Huntington Beach Police Officers' Association, and
Huntington Beach Management Employees' Organization.
Financial Impact:
The proposed agreement with PSPC is for an amount not to exceed $175,000. Funds for the
Classification and Compensation Study are included in the Fiscal Year 2020/21 budget (Non-
Departmental Fund 10040101.69365).
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between
the City of Huntington Beach and Public Sector Personnel Consultants, Inc. for a City-Wide
Classification and Compensation Study" in the amount of $175,000.
Alternative Action(s):
Reject the agreement and direct staff accordingly. While City staff could perform the analytical
functions of the study, the scope of the project is such that the work could not be completed in a
timely fashion, nor without neglecting other essential duties.
Analysis:
One of the foundational requirements for maintaining a fair and effective merit-based employment
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File #: 21-202 MEETING DATE: 3/15/2021
system is an accurate and comprehensive classification and compensation ("Class & Comp") plan. A
Class & Comp plan organizes all of the job descriptions in the City into logical job families (just what it
sounds like, e.g., the "finance job family") and the job series contained within each family (e.g.,
'accounting technician I", "accounting technician II", etc.). The goal is to have a logical Class &
Comp plan that shows how all of the employees in the City are organized and the promotional
ladders between jobs. Conducting a comprehensive Class & Comp study from time to time ensures
a useful and accurate Class & Comp plan.
The key element in a Class & Comp study is comparing all of our jobs to those of other agencies in
our employment market. While there are exceptions, Huntington Beach generally competes with
other Orange County cities for new employees, whether entry-level or promotional. For the proposed
Class & Comp study, it is recommended that Huntington Beach use the following cities as
"comparator" agencies: Anaheim, Santa Ana, Irvine, Garden Grove, Orange, Fullerton, Costa Mesa
and Newport Beach. These cities are full-service or nearly full service (Garden Grove and Irvine
contract for Fire) and have populations over 100,000, except Newport Beach (86,000), which is
included because they face similar issues as a beach city.
The consultants performing the Class & Comp study will compare our job descriptions and total
compensation (salary and benefits) to those in the eight comparator cities. Because it has been
more than 15 years since Huntington Beach completed a large-scale Class & Comp study, there has
been considerable "drift," where our Class & Comp plan has become outdated and poorly related to
our market. This does not necessarily mean that our compensation varies significantly from our
market. In our case, much of the drift has taken the form of creating unique single-position job
descriptions that do not exist elsewhere in our market. For example, Huntington Beach has some
350 unique job descriptions for a workforce of about 850 full-time employees. This unwieldy situation
makes it difficult for employees to promote to higher-level jobs, obscures logical relationships
between similar jobs, and creates inequities where equivalent work is being treated differently and
potentially paid differently.
Concern about the state of our Class & Comp plan is shared by the collective bargaining units
representing our employees. The Memoranda of Understanding with Huntington Beach Municipal
Teamsters, Huntington Beach Police Officers' Association, and Huntington Beach Management
Employees' Organization all require the City to conduct a Class & Comp study: the other employee
organizations are also supportive of the effort.
Administrative Services worked with the Finance Department to identify multiple firms that had
recently been awarded contracts to conduct citywide Class & Comp studies through the PlanetBids
portal. From this selection, City management interviewed multiple consultants experienced in this
field. The result of that process is a recommendation to engage Public Sector Personnel Consultants
(www.compensationconsulting.com <http://www.compensationconsulting.com>) to conduct the study.
PSPC has worked all over the Western United States. Here in Orange County, they have conducted
studies for the cities of Santa Ana, San Clemente, and San Juan Capistrano. The City procured the
recommended three-year contract with Public Sector Personnel Consultants utilizing a contractual
agreement awarded by the City of Montebello through their competitive bid process (see attachment
2). This process is authorized through the City's municipal code section 3.02.190 (C) 2.
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The Class & Comp study will have three phases:
Phase I will be a compensation survey of our local market, using the eight comparator cities
referenced above. This phase will be mostly analytical work by PSPC, using publicly-available data.
Phase II will entail PSPC developing a representative classification plan based on the eight
comparator cities in our market. This will show job families and job series put into a logical order,
essentially a "model" Class & Comp plan.
Phase III will be PSPC working in close conjunction with bargaining units, City departments, and
Human Resources staff to take that representative classification plan and make it into a usable and
practical classification plan tailored to Huntington Beach's specific needs. This last phase will include
migrating some classifications that do not exist in our market to more representative classifications.
Creating an updated Class & Comp plan for our City is not intended to be a budget-cutting/increasing
measure, or as a substitute for the collective bargaining process. The goal is to create a Huntington
Beach classification plan that is representative of our job market as it currently exists, using publicly-
available data that anyone can reference themselves.
If the City Council approves the recommended contract, PSPC will be on site soon thereafter for
meetings that all employees will be invited to attend, so that PSPC can outline the process, answer
questions, and provide information and examples from their consulting work. Many employees will
be asked to fill out "position description questionnaires" (PDQs), so that the consultants will have
adequate representative samples. Additionally, all employees will have the option to submit PDQs
and other supporting information to assist the consultants in their analysis of our workforce.
Although it is subject to change based on unforeseen factors, PSPC believes the entire project will be
completed in approximately 6-7 months.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Agreement with Public Sector Personnel Consultants
2. City of Montebello Staff Report and Contract
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ATTACHMENT #1
PROFESSIONAL SERVICES CONTRACT BE- WI-EN
THE CITY OP HUNTINGTON BEACH AND
PUBLIC SECTOR PERSONNEL CONSULTANTS. INC.
FOR
A CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California. hereinafter relerred to as
"CITY.- and PUBLIC SECTOR PERSONNEL CONSULTANT. INC.. an Arizona corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to conduct a city-wide
classification and compensation study: and
Pursuant to documentation on file in the office of the City Clcrk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with: and
CONSULTANT has been selected to perform these services.
NOW. THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. -these services shall
sometimes hereinafter be relerred to as the "PROJECT-"
CONSULTANT hereby designates Matthew Weatherly who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to wort: directly with CONSULTANT in the
performance of this Agreement.
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3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on March 15 2021 (the "Commencement Date"). This Agreement
shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than
one year from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. CONIPENSATION
In consideration of'the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a ice, including all costs and
expenses, not to exceed One Hundred Seventy Five Thousand Dollars ($175,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if'the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and oil-ice notices, calculations,
computer code, language, data or programs, Wraps, memoranda, letters and other documents, shall
belong to CITY- and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. -these
materials may be used by CITY as it sees fit.
8. 1-101-D I-IARh4LLSS
A. CONSULTANT hereby agrees to protect, defend, indemnity and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including; without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,
if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and 'expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONS UL.'1-ANT arise out of. pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT. [n no event shall the cost to defend charged
to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify. including the duty and the cost to defend. is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorneN's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONS ULTANT's professional liability in an amount not less than One Million Dollars
(SI.000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
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policy "deductible" of Ten Thousand Dollars (510,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of' the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
II-CONSULTANT tails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof' that insurance has been
Procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approvalofinsurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing perl'ormance of the work hereunder. CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement: the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended. voided or canceled by
either party. reduced in coverage or in limits except after thirty (30) days'
prior written notice; however. ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of' insurance. CONSUL:PANT shall pay; in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPL--NDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
Shall secure at its own cost and expense. and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses. if anv. in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMEN-f
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONS UI fANT's services hereunder at any time with or without cause. and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
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event of termination. all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of-CITY, become its property and shall be promptly delivered to it by CONSULTANT.
II ASSIGNMEN.r AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned. delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabovc.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTAN"f shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices. certificates. or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as
the situation shall warrant. or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
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TO CITY: TO CONSULTANT:
City of Huntington Beach Public Sector Personnel Consultants. Inc.
Al I-N: Sandv Henderson AT1 1\': Matthew Weatherly
2000 Nlain Street 149 S. Barrington Avenue, 4726
Huntington Beach, CA 92648 Los Angeles, CA 90049
17. CONSLNT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to anv
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SIiCTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solelv for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of' this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
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neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of' this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21 . DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall. irrespective of'the
(late of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. ININJIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of' the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of' services contemplated hereunder- CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this .Agreement or to secure the performance hereof, each party shall bear
its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing pam.
25. SURVIVAL
Terms and conditions of' this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hcreinbelow has the
power, authority and right to bind their respective parties to each of the terms of' this Agreement.
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement. warranty, fact or circumstance not expressly set forth in this
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DA'rE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a
PUBLIC SECTOR PERSONNEL municipal corporation of the State of
CONSULTANTS, INC. California
�)aN4a f Jv �11.0 4 r Mayor
print name
ITS: /Nrcfe one)Chaimwt0�iaidenN,Via Presidcm 7
AND City Clerk — -- -�
.INITIATED AND APPROVED:
By:
tint name
ITS: (etre+�one tic_cretar)lt hiet Financial OfT�cedAffi.
llir ctor of Administrative Services
Secretary-Ireasurcr
WED PROVED,
City Manager
APPROVED AS O ORM:
C ity ttomey
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A. STATI--MENT OP WORK: (Narrative of work to be performed)
SCOPE OF THE PROJECT
The project could include: a management and employee communication plan; partnership
with the City's Human Resources staff, Cite I9anager. Council, and project designee(s);
occupational, organizational. and operational familiarization; Job Analysis Questionnaire
(JAQ) and job analysis for all classifications: targeted cvorksite job information interviews;
position classification and job title recommendations for all employees and classifications;
FLSA designations; as needed or optional updated classification specifications; EZ
COMPr`1: internal equity and external competitiveness evaluation; salary and benefits total
compensation survey and competitiveness analysis; salary range recommendations: fiscal
impact estimates and multiple implementation scenarios: updated classification and
compensation plan and classification and compensation plan implementation support for all
included employees in all job classifications.
A. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Project Planning and Communication
1. Project planning and scheduling meeting with the City's Human Resources Staff, project
designec(s)*
2. Police input and project direction meeting and briefing with Council. Human Resources
and designee(s)*
3. Project briefing presentation for all employees, Council, City officials, City's project
leaders*
4. Nlanagement and employee communication, progress reports throughout all project
phases
EX1-11BIT A
5. Assistance with development and communication with a committee of employee
representatives
Total Compensation Surveys
6. Confirmation of survey cities to include in external total compensation comparisons
7. Identification of City occupations to utilize as survey benchmark job classifications
3. Solicitation of comparator employers and agencies for participation in external
compensation surveys
9. Extraction of data from public employer compensation plans, questionnaires. reliable
published surveys
10. Total compensation and benefits survey by bargaining unit for comparisons
11. Consolidation of data from all sources and calculation of prevailing rates for benchmark
jobs
12. Computation of extent Citv's compensation offerings vary from external prevailing rates
and practices
I I Review of competitiveness analysis with Human Resources. City Officials and City's
project designees
Classification Protect Tasks
14. Occupational familiarization by review of City's current class specifications and
compensation plans
15. Organizational familiarization by review of City organization charts, budgets, and
annual reports
16. Job Analysis Questionnaire (JAQ) customized for gathering City employee occupation
data
17. Meetings to distribute and explain the JAQ and the project for all City officials and
employees
18. Worksite job desk audits / field observations with representatives of each class (200
included)*
19. Recommended title modifications and reclassifications for consideration by department
heads
20. Modeling of job families and career ladders to include possible job title consolidation /
clean up
21. Review of position classification recommendations with City's project staff and
respective departments
22. Facilitation of employee participation and feedback process on any proposed
classification changes
23. preparation of updated class specs for each Cityjob classification (as needed option)
Compensation Plan Development
24. Construction of optional salary range structures for review and selection by City's
project leaders
25. Assignment of job classes to salary ranges by internal equity and external
competitiveness
26. Assistance with City Council identification of desired, affordable salary competitiveness
Policy
27. Fiscal impact estimates at various levels of external prevailing rates competitiveness
policies
28. Review and critique of draft salary and implementation plans with Human Resources.
project leaders
EXHIBIT A
Communication of Results and Implementation Strategies
29. Preparation and presentation of final project reports for the City Council. staff. and City
Officials
30. Development of a plan for the implementation of City's updated classification and
compensation plan
31. Uploading of E7_ COMPTM program files on a Fluman Resources Department
computer. staff training
32. Development and provision of process for ongoing plan maintenance and subsequent
plan updates
33. Assistance with communicating the City's updated plans for all City officials and
employees.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. We request that the Fluman Resources and City's Project Manager(s) review our work to
minimize the chance of errors and to ensure that it reflects the City's organizational values.
2. We will obtain policy direction from the City Council. Human Resources staff. and/or
City Officials on the following key components of the compensation plan development
process:
a. Comparator Employer Selection
b. Job Evaluation Method-Salary Plan Linkage
c. Benchmark Job Class Selection
d. Draft Compensation Plan Review/Critique
e. Compensation Competitiveness Policy
f. Dotal Compensation Points for Analysis
L. Salary Structure Selection
EXHIBIT A
h. Project Implementation Plan
D. WORK PROGRAM/PROJECT SCHEDULE:
ESTIMATED TIMELINES
Phase 1 —Total Compensation Survey: 90-120 Days
Phase II — Position Classification and Titling: 90-120 Days
Phase III — Employee Feedback and Implementation: 90 Days
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum. letter. report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product. CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due_ Such invoice shall:
A) Reference this Agreement:
B) Describe the services performed:
C) Show the total amount of the payment due:
D) Include a certification by a principal member of CONSULTANT'S fine that the
work has been performed in accordance with the provisions of this Agreement:
and
1 ) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement. CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice. CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSUI:fANf is in. or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
"I IF CITY OF HUNTINGTON 13L'-ACH AND
FO R
"Table of Contents
1 Scope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 berm: Time of Performance.....................................................................................2
4 Compensation ..........................................................................................................2
> Extra Work...............................................................................................................2
6 Method of Payrnent...................................................................................................
7 Disposition of Plans. Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liabilitv Insurance.............................................................................4
10 Certificate of Insurance..._.......................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement..................................................................._..................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents.......................................................................I...........................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent ............................................................................................................_......8
18 `�fodification.............................................................................................................8
19 Section Headings ................... .................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original.................................................................................._................9
22 Immigration...............................................................................................................9
23 LegalServices Subcontracting Prohibited................................................................9
24 Attornev's Pees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 EntirctN..................................................................................................................I....10
29 Effective Date................................................................................. I l
OP ID; LE
CERTIFICATE OF LIABILITY INSURANCE DA s(031202
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ios) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemont s.
CORTACT Lora Erickson C.I.C. C.R.M.
PRODUCER IIA .0 ,
Business Insurance Services PHONE , ,602-953.311 Lae,Nol• 602-953-3229
PO Box 30388
Phoenix,AZ 86046 AACA
DDDRIESS:guilnc(a)aol.com
Lora Erickson PROD C`ER
Sit M D PUBLI-1
INSURER(S)AFFORDING COVERAGE NAIC/
INSURED Public Seclor Personnel INSURER A:United States Liability Ins CO i
Consultants Inc. INSURER 9:
2824 N Power Rd.N113-486
WSUR6R C
Mesa,AZ 85215
INSURER D
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INSURER P:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTwiniSTANDING MY REQUIREMENT. TERM.OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CIUVMS.
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CERTIFICATE HOLDER CANCELLATION
CITYHUI j
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City Of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main St.
Huntington Beach,CA 92648 AUMOR1260 REPRESENTATIVE.
®1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD !
City of Huntington Beach
x . " 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ N%ivw.huntingtonbeachea.gov
Office of the City Clerk
Robin Estanislau, City Clerk
March 25. 2021
Public Sector Personnel Consultants, Inc.
Attn: Matthew Weatherly
149 S. Barrington Avenue, #726
Los Angeles, California 90049
Dear Mr. Weatherly:
Enclosed is a copy of the "Professional Services Contract between the City of
Huntington Beach and Public Sector Personnel Consultants, Inc. for A City-Wide
Classification and Compensation Study' approved by the Huntington Beach City
Council on March 15, 2021.
Sincerely,
q4fQ444j�
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand
ATTACHMENT #2
ITEM #22
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Rene Bobadilla, City Manager
BY: Nicholas Razo, Director of Human Resources and IT
SUBJECT: Selection for Award of Contract for The City of Montebello's Classification
and Total Compensation Study
DATE: August 12, 2020
RECOMMENDATION
It is recommended that the City Council:
1) Authorize the City Manager to execute an agreement with an approval by the
City Council to award a contract to Public Sector Personnel Consultants for
the City's Classification and Total Compensation Study.
BACKGROUND
The City of Montebello's current classification and compensation system has not been
evaluated since 2008. It is best practice for organizations to routinely conduct these
studies every five (5) years to ensure that classification methods continue to meet the
organizations needs and pay practices and strategies remain competitive, sustainable,
and equitable.
In addition, during the 2019 contract negotiations, each of the City's eight (8) bargaining
units requested a classification and total compensation study.
The overall goals of a classification and total compensation study include:
• Ensure market/internal structure alignment
• Ensure accuracy of classification/job description structure
• Identify paths for career progression
• Modernize position titles
• Address recruitment and retention needs to ensure the City is both competitive
and consistent with comparable employers
• Update Americans Disability Act and Fair Labor Standards Act compliance
requirements
CITY COUNCIL AGENDA STAFF REPORT — MEETING OF AUGUST 12, 2020
SELECTION FOR AWARD OF CONTRACT FOR THE CITY OF MONTEBELLO'S
CLASSIFICATION AND TOTAL COMPENSATION STUDY
Page 2 of 3
ANALYSIS
Staff prepared and posted a Request for Proposal that detailed the City's requirements
for the project. The City received a total of thirteen (13) proposals for the Classification
and Total Compensation Study. Of the number of proposals submitted, four (4) were
deemed responsive and qualified proposals as well as within the allotted budgeted
amount for Fiscal Year 2020-2021 for this project. The four (4) firms are as follows:
Public Sector Personnel Consultants
HR Compensation Consultants, LLC
Ralph Andersen & Associates
Logic Compensation Group
The proposals were reviewed using the following criteria:
Compliance with the Request for Proposal
Understanding of the project
Services to be provided
Ability to complete the work within the time specified
Qualifications of the firm, including but not limited to its public service
experience and personnel assigned to the project and any subcontractors,
if any
Cost
On July 15, 2020, City Staff to include Director of Human Resources/IT, and the Senior
Human Resources Analysts met and interviewed each of the firms via video-
conferencing. Based on their interview, Public Sector Personnel Consultants surpassed
all required qualifications. In addition to the required qualifications they work exclusively
with public sector agencies and have successfully completed over 1000 comparable
studies. Public Sector Personnel Consultants was unanimously, amongst the rating
panel, determined to be the most qualified to perform the Study for the City of
Montebello.
The final report will be brought to the City Council for approval as the City's
Classification and Total Compensation Plan.
FISCAL IMPACT
Public Sector Personnel Consultants' fee proposal is outlined below:
Major Project Components — Classification Study*
- Planning Meetings, Kick Off, Communication $ 5,000
- Job Information Interviews / Desk Audits (100 included) $ 10,000
- Position Classification, Job Titling, FLSA $ 5,000
- Updated Job Descriptions/Class Specifications (100 included) $ 10,000
CITY COUNCIL AGENDA STAFF REPORT — MEETING OF AUGUST 12, 2020
SELECTION FOR AWARD OF CONTRACT FOR THE CITY OF MONTEBELLO'S
CLASSIFICATION AND TOTAL COMPENSATION STUDY
Page 3 of 3
Classification Study: $ 30,000
Major Project Components — Compensation Study
- Total Compensation Survey $ 30,000
- Pay Plan Modeling, Implementation Options and Costing $ 7,500
- Reporting and Presentations $ 2,500
Compensation Study: $ 40,000
Total Not-To-Exceed: $70,000
The proposed fee is within the budgeted amount set forth in the FY 2020-2021 budget
for this project.
SUMMARY
Staff is recommending that the City Council award a Professional Services Agreement
to Public Sector Personnel Consultants for City's Classification and Total Compensation
Study and authorize the City Manager to execute the Professional Services Agreement
on behalf of the City.
ATTACHMENTS
1) Request for Proposal No. 20-12
2) Draft Professional Services Agreement
3) Public Sector Personnel Consultants Proposal
REQUEST FOR PROPOSAL FOR
CITYWIDE CLASSIFICATION
AND
TOTAL COMPENSATION STUDY
RFP No. 20-12
Nicole Mooshagian. Senior Human Resources Issued Date: April 23, 2020
Analyst
City of Montebello Due Date: May 24, 2020
1600 W. Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 -419
I
I. INTRODUCTION
The City of Montebello is soliciting proposals from qualified consulting firms, experienced in
the development of a job evaluation and compensation system. Our desire is to obtain a
consultant who will assist the City in reviewing the existing job descriptions and
compensation system including all benefits, analyze the current jobs performed by
employees, determine the correct market pay for each position, establish the market value of
the employee benefits package and provide a market analysis of the total compensation
including salary and benefits. We expect the consultant to make recommendations for
adjustments to pay and benefits that may be needed.
All prospective consultants will be afforded full opportunity to submit statements of
qualifications in response to this request and will not be discriminated against on the
grounds of age, ancestry, color, race, gender, gender identity, gender expression, genetic
information, marital status, medical condition, military and veteran status, religion, national
origin, sex, sexual orientation, religious creed, transgender status or disability in
consideration for an award of any contract entered into pursuant to this notice.
This Request for Proposals (RFP) is an invitation by the City of Montebello for consultants to
submit an offer, which may be subject to subsequent discussion. Submittal of a proposal
does not create any right or expectation to a Contract with the City of Montebello. The City of
Montebello reserves the right to reject any or all proposals and the City further declares that it
will incur no financial obligations for any costs by any firm in preparation of their proposal.
II. Statement of Qualifications and Approach
To be considered, a vendor must be a consulting firm with expertise in evaluating pay
scales, benefits, job descriptions and market pay/benefit analyses. The consultant should be
able to provide references from other municipalities or government agencies where similar
work was performed.
III. Criteria for Selection
The City will evaluate each proposal and select a firm.
All proposals submitted will be evaluated using the following criteria:
• Compliance with the RFP
• Understanding of the project
• Services to be provided
• Ability to complete the work within the time specified
• Qualifications of the firm, including but not limited to its experience and personnel
assigned to the project and any subcontractors, if any.
• Cost
IV. Cost and Fee Arrangements
The consultant must provide a proposal with maximum cost for the project based on the
project as described herein. To the extent desired, additional recommendations and services
or options may be included as additions to the project on an optional basis. These optional
items shall be priced separately from this Request for Proposal.
V. City of Montebello Background Information
The City of Montebello is a full-service, general law city, governed by a council —
Administrator form of government and provides a full range of municipal services. The City
employs approximately 526 employees. Montebello was incorporated in 1920 and has a
population of about 64,500. Encompassing approximately 8.25 square miles, Montebello is
situated 10 miles east of Los Angeles, in Los Angeles County. The City is noted for its
excellent residential areas and shopping facilities, such as Montebello Town Center and
Montebello Town Square.
The City of Montebello employs approximately 382 full-time employees and 144 part-time
employees.
VI. Scope of Work
The City expects ongoing and open communications between designated City
representatives and the consultant over the course of each phase. All products and
recommendations must comply with applicable State and Federal laws and enhance the
City's ability to recruit and retain qualified personnel.
Proposed Timeline DATE
Request for Proposals Issued Aril 23, 2020
Due Date for Proposals May 24, 2020
Evaluation of Proposals Period Week of May 25, 2020
Interviews Week of June 15, 2020
Recommendation to City Council July 08, 2020
The City of Montebello will provide the following information to the successful consultant:
• Copies of all wage and salary schedules
• Copies of all employee benefit schedules
• Copy of City of Montebello's Organizational Chart
The City anticipates that the study will involve two broad phases of work comprised of the
following key tasks:
A. The Classification Study (Non-Sworn Only)
1. Review current classification specifications and analyze knowledge, skill, ability,
education and experience relevance and hierarchical consistency, conformity with
ADA language relative to essential job functions (including physical requirements);
3
position definitions, distinguishing characteristics, supervision received and
exercised, position duties and special requirements including license and
certification requirements;
2. Conduct orientation and briefing sessions to explain the scope of the study to
affected employees and association representatives;
3. Develop and distribute job analysis questionnaires;
4. Review and analyze completed job-related questionnaires;
5. Conduct interviews with a representative sample of covered employees;
6. Review various job series in terms of appropriateness;
7. As appropriate, recommend new classes and/or recommend deletion of outdated
or unnecessary classes;
8. Draft up-to-date, accurate class specifications in a format approved by Human
Resources;
9. Provide periodic status reports as requested.
B. The Compensation Study (Non-Sworn and Sworn, Excluding Executive Management)
1.Review of current compensation practices and related issues;
2. Complete internal salary relationship analysis including the development of
appropriate internal relationship guidelines (internal equity);
3.Recommend salary relationship/differentials between classes in each class series;
4. Recommend logical and defensible comparable agencies (external equity);
5.Make recommendations, if needed, to compensation plan based on Fair Labor
Standards Act (FLSA) exempt or non-exempt designation;
6. Recommend salary survey benchmarks in conjunction with relevant benchmark
classifications;
7. Develop externally competitive and internally equitable salary recommendations
for each job class included in the study;
8. Present and explain proposed comparable agency list to employee associations
and Council (if requested);
9.Provide written documentation of assessment methodology;
4
10.Train City staff in the methodology used to systematically assess job
classifications in order to maintain internal compensation equity in the future
when adding, changing, or deleting classifications.
VII. RFP Requirements
Responses to this request should include the following information:
1. Consultant name and/or business name, DBA (if applicable) and principal
contact person, including office location, address, telephone number, fax number,
and e-mail address.
2. Qualifications information, which demonstrates the knowledge, experience,
and capability that will enable the respondent to provide the services outlined in
the Scope of Services, including a brief description and history of the firm and/or
individual including the number of years in business, number of classification and
compensation studies completed and the range of services offered. Where
relevant, key individuals who may be involved in providing or developing the
services should be identified and listed. Please provide resumes for all proposed
key personnel.
3. A description of the proposed study components. Identify the key steps.
Describe how you plan to interface with employees and managers to validate job
descriptions. Describe the scope of involvement of city staff.
4. Describe what factors you recommend be considered to assess comparable
agencies.
5. Provide a timeline for this process
6. Provide at least three references that can be contacted for verification of the
respondents experience and qualifications. The references will be public
agencies, for which you and/or your firm have provided classification and
compensation services within the past three years. Identify similar process on
which the respondent has worked, and contact information.
7. Indicate the proposed compensation rate and fee structure for the described
services and provide the price of each component including optional services.
Vill. FORMAT AND DELIVERY OF RESPONSE
Proposals will be received through 5:00 p.m. on May 24, 2020. Only one (1) electronic
copy is required to be submitted via Planet Bids:
A. Proposal Submittals: All proposals must be electronically submitted through
PlanetBids' Bidder Portal, accessed through the City of Montebello's official website
at http://wvvw.cityofmontebello.com/rfp-bids/bid-opportunities.html. All Prospective
Proposers must register to bid through the PlanetBids Vendor Portal found on the
5
City of Montebello's website at the link provided above.
There is no fee to register and bid on this Request for Proposals.
Questions during the solicitation period shall be submitted through Planet Bids or by
email, and may be addressed to:
City of Montebello
Human Resources
Nicole Mooshagian, Senior Human Resources Analyst
nmooshagian@cityofmontebello.com
IX. Contact with City Personnel
At no time shall the consultant, its agents, representatives or contracted personnel contact
or otherwise communicate with City department personnel without prior arrangement with
the Senior HR Analyst, Nicole Mooshagian, or her designee, for the purposes of
negotiating, modifying, changing or interpreting the proposal or specifications. Any
changes, modifications, or interpretations must be handled by one source uniformly for all
consultants. All questions relating to the statements contained in the RFP are to be
addressed in writing to Senior Human Resources Analyst, Nicole Mooshagian at 1600 W.
Beverly Blvd., Montebello, CA 90640 or via e-mail at nmooshagian@cityofmontebello.com.
X. Addenda to RFP
If it becomes necessary to revise any part of this RFP. addenda will be supplied to all firms
receiving this Request for Proposal.
The selected provider will enter into a contract with the City of Montebello for consulting
services for a term to be mutually agreed upon by the City and selected firm. For
informational purposes, the City of Montebello's Professional Services Agreement is
attached to this RFP as Attachment A.
Xl. Review and Selection Criteria
City staff will evaluate the materials provided in response to the Request for Proposal, which
shall be evaluated on the basis of demonstrated competence and on the professional
qualifications necessary for the satisfactory performance. Therefore, the contract for
professional services need not be awarded to the lowest responsible bidder; however, cost
may be considered as one factor. Specifically proposals will be evaluated utilizing the
following criteria:
1. Understanding of the scope of work and the overall classification and compensation
study goals including Consultant's strategy for carrying out the needed work tasks to
meet the goals.
2. Skills and experience of assigned personnel, availability of staff; experience and
performance of Consultant on similar studies.
6
3. Consultant's expertise and ability to successfully handle communication with City staff
relative to all phases of the process.
4. The present workload of the consultant and their ability to meet the proposed
schedule.
5. Clarity of presentation and content of the responses to this request. Elaborate or
costly submissions are not required.
6. Record of performance, including results of reference checks.
7. Proposed plan for completing the work in a timely and professional manner.
8. Cost of proposal.
9. Oral presentation, if applicable. An oral presentation by the proposers in final
contention for award of a Professional Services Agreement may be required as a
regular part of the bid process. The purpose of the oral presentation would be
twofold: First, to allow the proposer to demonstrate capabilities of the firm and to
clarify proposer's responses to the RFP; and second, to allow City staff to meet the
proposer's key personnel who would be assigned to the project. Attendance at such
a presentation shall be at the proposer's expense.
Right to Reject Proposals
The City of Montebello reserves the right to reject any or all proposals should be
deemed in its best interest to do so. Any award made for this engagement will be
made to the bidder which, in the opinion of the City, is best qualified to conduct the
classification and compensation study. The selection of the proposal will be made at
the sole discretion of the City.
XII. Disclosure of Proposals/Public Records Act
Proposals will be kept confidential until such time as the City has completed its evaluation.
Proposers are cautioned that the agreement and proposals submitted are public records in
accordance with the California Public Records Act (Govt. Code Section 6250 et sec.).
All proposals submitted in response to this RFP will become the property of the City of
Montebello and a matter of public record. The vendor must identify, in writing, all
copyrighted material, trade secrets, or other proprietary information that it claims is exempt
from disclosure. Any firm claiming such an exemption must also state in its proposal that
the firm agrees to hold harmless, indemnify and defend the City and its agents, officials and
employees in any action or claim brought against the City for its refusal to disclose such
materials, trade secrets or other proprietary information to any party making a request
therefore. Any firm failing to include such a statement shall be deemed to have waived its
right to an exemption from disclosure.
XIII. Pre-Contractual Expenses
7
Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal
or material submitted in response to this RFP shall be borne solely by the proposer. The
City of Montebello shall not, in any event, be liable for any pre-contractual expenses
incurred by any bidder. In addition, no bidder shall include any such expenses as part of
the price proposed.
XIV. Authority to Withdraw Request for Proposal and/or Not Award Contract
The City of Montebello reserves the right to withdraw this RFP at any time without prior
notice. Further, the City expressly reserves the right to postpone the opening of proposal
for its own convenience and to reject any and all proposals in response to this RFP without
indicating any reasons for such rejection(s).
XV. Consultant's Independence
Consultant is an independent contractor with respect to all services performed under this
Contract. Consultant accepts full and exclusive liability for the payment of any and all
premiums, contributions, or taxes for worker's compensation, Social Security,
unemployment benefits, health benefits, sick leave or other employee benefits now and
hereinafter imposed under any state or federal law which are measured as wages, salaries
or other remuneration paid to persons employed by Consultant on work performed under
the terms of this Contract. Consultant shall defend, indemnify and hold harmless the City
from any claims or liability for such contributions or taxes. Nothing contained in this
Contract nor any act of the City, or consultant, shall be deemed or construed to create any
third party beneficiary or principal and agent association or relationship involving the City.
Consultant is not the City's agent and Consultant has no authority to take any action or
execute any documents on behalf of the City.
XVI. Sub-Contractor
The use of any sub-contractor must be approved in advance in writing by the City and
must meet the requirements of this RFP. Use of sub-contractors must be clearly
explained in the proposal, and major sub-consultants must be identified by name. Prime
consultants shall be wholly responsible for the entire performance whether or not sub-
consultants are used.
XVII.Price Changes
All prices shall be firm and not subject to increase during the period of the Contract.
XVIII. Laws of Governance
The selected firm will be required to comply with all existing State and Federal laws
including applicable equal opportunity employment provisions. The Contract shall also be
construed and governed in accordance with the law of the State of California and the City
of Montebello. Consultant shall comply with all federal, state and local laws, ordinances and
regulations applicable to the work. Consultant, at its own expense, shall secure all
occupational and professional licenses and permits from public or private sources
necessary for the fulfillment of its obligations under this Contract.
8
XIX. Modification, Mistakes or Withdrawal of Proposals
Responses to this RFP may be modified or withdrawn by written, e-mail or facsimile notice
prior to the date specified for receipt of proposals. A proposal may be withdrawn by the
vendor or its authorized representative prior to 5:00 p.m. on May 24, 2020. Telephone
withdrawals are not permitted. If the apparent best qualified firm discovers a mistake, of a
serious and significant nature, in its proposal which is unfavorable prior to the issuance of a
Contract, it may request consideration to modify or withdraw the proposal. The City
reserves the right to reject any and all requests for correction or withdrawal of proposal
received after the date shown in the specifications. In all cases, the decision of the City
Council is final. A mistake in proposal will not be considered once a contract is issued.
XX. Reservation of Rights
The City of Montebello reserves the right to:
• Accept or reject any and all proposals received in response to this RFP, and to re-
advertise for new submittals.
• Waive or modify any irregularities in proposals received after prior notification to
the vendor.
• Request the submission of proposal modifications at any time before the award is
made, if such is in the best interest of the City.
• Consider proposals or modifications received at any time before the award is
made, if such is in the best interest of the City.
• Request clarification and/or additional information from the vendor during the
evaluation process.
• In the event of Contract termination, enter into Contract negotiations with other
qualified firms that submitted acceptable proposals, rather than redoing the
proposal process for the project.
• Negotiate with the selected consultant to include further services not identified in
this RFP.
XXI. Expiration of the Proposal
By submitting a proposal, and if awarded the RFP, the firm agrees to enter into a
Professional Services Agreement, Attachment A, in which the content shall be agreed
upon by both parties. The firm's proposal shall not be revocable for 90 days following the
response deadline indicated in the RFP. The City of Montebello reserves the right to waive
any defects in the offer of any vendor, to reject any or all offers and to request additional
information from any or all vendors.
XXII. Work Results
The work results and the reports may not be released by the Consultant without prior
written consent of the City of Montebello.
Thank you in advance for your interest in the City of Montebello, California.
9
City of Montebello
Human Resources Department
1600 W. Beverly Boulevard
Montebello, CA 90640
10
EXHIBIT A
AFFIDAVIT OF NON-COLLUSION
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
)
ss COUNTY OF LOS ANGELES )
being first duly sworn deposes and says that he/she is
(Insert"Sole Owner',"Partner',"President."Secretary",or other proper title)
of
(Insert name of bidder)
who submits herewith to the City of Montebello a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any
undisclosed person, partnership, company, association, organization or
corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement,
communication or conference with anyone attempted to induce action prejudicial
to the interest of the City of Montebello, or of any other bidder or anyone else
interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit
a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree
with anyone else that said bidder or anyone else would submit a
false or sham proposal, or that anyone should refrain from bidding
or withdraw his proposal;
C. Did not, in any manner, directly or indirectly seek by agreement,
communication or conference with anyone to raise or fix the
proposal price of said bidder or of anyone else, or to raise or fix any
overhead, profit or cost element of his proposal price, or of that of
anyone else;
d. Did not, directly or indirectly, submit his proposal price or any
breakdown thereof, or the contents thereof, or divulge information
or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or
agent thereof, or to any individual or group of individuals, except
the City of Montebello, or to any person or persons who have a
partnership or other financial interest with said bidder in his
business.
I certify under penalty of perjury under the laws of the State of California that the
above information is correct
By: Title:
Date:
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EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO.
BY AND BETWEEN
CITY OF MONTEBELLO
AND
[CONSULTANT NAME]
CONSULTANTS
THIS AGREEMENT ("Agreement") is made and entered into on
20 by the CITY OF MONTEBELLO, a municipal corporation (hereinafter
referred to as "CITY") and [NAME OF CONSULTANT] (hereinafter referred to as
"CONSULTANT"). CITY and CONSULTANT are sometimes referred to herein
individual as a "Party," and jointly as the "Parties."
RECITALS
WHEREAS, City proposes to utilize the services of Consultant as an
independent contractor to City to as more fully described herein;
and
WHEREAS, CONSULTANT represents the degree of specialized expertise
contemplated within California Government Code, Section 37103. and is qualified
to perform such services by virtue of its experience and the training, education and
expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within
the provisions of Sections 1090 — 1092 of the California Government Code, in the
subject matter of this Agreement; and
DELETE THE FOLLOWING "WHEREAS" PARAGRAPH IF PSA AWARDED
WITHOUT RFP PROCESS
WHEREAS, CONSULTANT responded to CITY's Request for Proposals
dated [DATE] (RFP No. [X]), as such is set forth fully in Exhibit "A" hereto and
incorporated fully herein by this reference (hereinafter "Consultant Proposal").
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NOW THEREFORE, in consideration of performance by the Parties of the
covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONSULTANT shall provide to CITY those services that are set forth
fully in the Scope of Services, as such is set forth fully in Exhibit "A" hereto and
incorporated fully herein by this reference (hereinafter "Professional Services").
B. CONSULTANT shall complete the Scope of Services within the time
set forth in the Schedule of Performance, as such is set forth in Exhibit "B" hereto
and incorporated fully herein by this reference.
B. CONSULTANT shall be compensated a sum not-to-exceed (the
"Maximum Compensation") for performance of the Professional Services as set
forth in the Schedule of Compensation attached hereto as Exhibit "C" and
incorporated fully herein by this reference ("Compensation"). CONSULTANT shall
provide an itemized billing statement to CITY each month for Professional Services
performed. CONSULTANT shall not incur fees or costs which exceed the
Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following
commencement of work and at the end of each billing period thereafter. Payment
in full of an invoice must be received by CONSULTANT within thirty (30) days of
the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as
and when invoiced unless CITY objects within fifteen (15) days of invoice date by
written notice specifically stating the details in which CITY believes such work is
incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay
undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30)
days of the date thereof subjects this agreement and the work herein contemplated
to suspension or termination at CONSULTANT's discretion.
SECTION 2. TERM.
This Agreement shall commence upon the date the last of the Parties
executes this Agreement herein below ("Effective Date"), and shall terminate upon
completion of the Scope of Services set forth herein, unless terminated sooner as
provided in Section 7 herein.
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[OPTIONAL LANGUAGE IF EXTENSIONS PERMITTED]: Thereafter, this
Agreement may be extended for a maximum of [SPELL OUT NUMBER] (#)
successive one (1) year periods. Such extensions, if any, will be evidenced by a
written amendment to this Agreement].
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive
for three (3) years following the expiration or termination of this Agreement.
SECTION 3. PERFORMANCE.
A. CONSULTANT shall at all times, faithfully, competently, and to the
best of its ability, experience and talent, perform all tasks described herein.
B. CONSULTANT shall employ, at a minimum, generally accepted
standards and practices utilized by companies engaged in providing similar
services, as are required of CONSULTANT hereunder, in meeting its obligations
under this Agreement.
C. CONSULTANT shall be knowledgeable of and subject to all CITY
ordinances, rules and regulations, standard operating procedures, and the
supervisory chain of command.
D. CONSULTANT shall have the right to retain, subject to CITY's written
approval, additional individuals, consultants or subcontractors to assist in the
completion of services as herein defined. Compensation for additional individuals,
consultants or subcontractors shall be the sole and exclusive responsibility of
CONSULTANT.
E. CONSULTANT shall maintain full and accurate records with respect
to all matters covered under this Agreement for a period of three (3) years, unless
otherwise provided for in Exhibit "A." Upon CITY providing twenty-four (24) hours
advanced prior notice, CONSULTANT shall make all records, invoices, time cards,
cost control sheets and other records maintained by CONSULTANT in connection
with this Agreement available during CONSULTANT's regular working hours to
CITY for review and audit by CITY.
F. All reports, documents or other written material developed by
CONSULTANT in the performance of this Agreement shall be and remain the
property of CITY without restriction or limitation upon its use or dissemination by
CITY. Such material shall not be the subject of a copyright application by
CONSULTANT. Any alteration or reuse by CITY of any such materials on any
project other than the Project shall be at CITY's sole risk, unless CITY
compensates CONSULTANT for such reuse.
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SECTION 4. WORK PRODUCT.
A. CONSULTANT hereby agrees that all work produced pursuant to this
Agreement, and provided to CITY during and upon completion of this Agreement,
shall be the property of CITY, and ownership of said work product shall be retained
by CITY. CONSULTANT may take and retain copies of such written products as
desired.
B. All data, documents, discussion, or other information developed or
received by CONSULTANT or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by CONSULTANT without prior
written consent by CITY. CITY shall grant such consent if disclosure is legally
required. All such written products shall be returned to CITY upon the termination
or expiration of this Agreement. CONSULTANT agrees that the covenants
contained in this Article shall survive the expiration or termination of this
Agreement.
C. Documents are provided in CONSULTANT's standard software
formats. CITY recognizes that electronic or magnetic data and its transmission can
be easily damaged, may not be compatible with CITY's software formats and
systems, may develop inaccuracies during conversion or use, and may contain
viruses or other destructive programs, and that software and hardware operating
systems may become obsolete. As a condition of delivery of electronic or magnetic
data, CITY agrees to defend indemnify and hold CONSULTANT, its sub-
contractors, agents and employees harmless from and against all claims, loss,
damages, expense and liability arising from or connected with its use, reuse,
misuse, modification or misinterpretation. In no event shall CONSULTANT be liable
for any loss of use, profit or any other damage.
SECTION 5. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by
CONSULTANT under this Agreement unless such extra services first shall have
been duly authorized in writing by CITY's City Administrator ("City Administrator").
SECTION 6. CITY SUPERVISION.
The City Administrator shall have the right of general supervision of all work
performed by CONSULTANT and shall be CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment for services rendered under
this Agreement shall be made without the prior approval of the City Administrator.
SECTION 7. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, the non-
defaulting party shall give the defaulting party written notice of the default, the
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nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the
Agreement are violated by either party, the non-defaulting Party may terminate the
Agreement by serving written notice upon the other Party, listing the violation(s)
and its intent to terminate such Agreement unless within ten (10) days after the
serving of such notice, such violation shall cease or be rectified, the contract shall
upon the expiration of an additional thirty (30) days cease and terminate.
Violations by CONSULTANT which cannot be corrected within ten (10) days, said
contract shall at the option of CITY cease and terminate upon the giving of like
notice. In the event of any such termination for default by CONSULTANT, CITY
may take over the work and prosecute the same to completion by contract or
otherwise for the account and at the expense of CONSULTANT. CONSULTANT
and his sureties shall be liable to CITY for any excess cost occasioned in the event
of any such termination. This change shall not be construed to prevent the
termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, CONSULTANT shall only be entitled to the
Compensation for those Professional Services satisfactory performed on or before
the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole
discretion and without cause, to terminate this Agreement in whole, or in part, after
giving written notice to CONSULTANT at least five (5) business days before the
termination is to be effective. Upon the termination of this Agreement as provided
herein, CITY shall provide to CONSULTANT the part of Compensation which
would otherwise be payable to CONSULTANT for services CONSULTANT had
completed as of the date of termination, less the amount of all previous payment
with respect to the Compensation. Further, upon such a termination for
convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed
for any "non-refundable" costs that CONSULTANT has incurred for its services
under this Agreement, provided that: (1) such "non- refundable" costs were
incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT
provides CITY with adequate proof that CONSULTANT incurred the costs, and is
unable to be seek a refund for such costs; and (3) such costs were within the
scope of work or services to be performed under this Agreement. Such "non-
refundable" costs may include, but are not limited to, travel reservations incurred
by CONSULTANT for its performance of services under this Agreement.
CONSULTANT agrees to cease all work under this Agreement on or before the
effective date of any notice of termination.
SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONSULTANT during
the Term of this Agreement.
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SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONSULTANT
in the event of any default or breach by CITY, or for any amount which may
become due to CONSULTANT.
SECTION 10. INDEPENDENT CONTRACTOR.
A. CONSULTANT is and shall, at all times, remain as to CITY a wholly
independent contractor. Neither CITY nor any of its elected officials, officers,
employees or agents shall have control over the conduct of CONSULTANT except
as expressly set forth in this Agreement. CONSULTANT shall not at any time or in
any manner represent that he is in any manner an elected official, officer,
employee or agent of CITY. No employee benefits shall be available to
CONSULTANT in connection with the performance of this Agreement. Except as
provided in this Agreement, CITY shall not pay salary, wages, or other
compensation to CONSULTANT for performance hereunder for CITY. CITY shall
not be liable for compensation to CONSULTANT, CONSULTANT's employees or
CONSULTANT's subcontractors for injury or sickness arising out of performing
services hereunder.
B. The parties further acknowledge and agree that nothing in this
Agreement shall create or be construed to create a partnership, joint venture,
employment relationship or any other relationship except as set forth in this
Agreement.
C. CITY shall not deduct from the Compensation paid to CONSULTANT
any sums required for Social Security, withholding taxes, FICA, state disability
insurance or any other federal, state or local tax or charge which may or may not
be in effect or hereinafter enacted or required as a charge or withholding on the
compensation paid to CONSULTANT. CITY shall have no responsibility to provide
CONSULTANT, its employees or subcontractors with workers' compensation
insurance or any other insurance.
SECTION 11. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONSULTANT or any employee, agent, or
subcontractor of CONSULTANT providing services under this Agreement claims or
is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an
employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless
CITY for the payment of any employee and/or employer contributions for PERS
benefits on behalf of CONSULTANT or its employees, agents, or subcontractors,
as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of CITY.
is
B. Notwithstanding any other agency, state or federal policy, rule,
regulation, law or ordinance to the contrary, CONSULTANT and any of its
employees, agents, and subcontractors providing service under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any claims to,
any compensation, benefit, or any incident of employment by CITY, including but
not limited to eligibility to enroll in PERS as an employee of CITY and entitlement
to any contribution to be paid by CITY for employer contribution and/or employee
contributions for PIERS benefits.
SECTION 12. LEGAL RESPONSIBILITIES.
CONSULTANT shall at all times observe and comply with all applicable
laws, ordinances, codes and regulations of the federal, state and local
governments including, but not limited to the Montebello Municipal Code. CITY,
and its appointed or elected officers, employees, or agents, shall not be liable at
law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 13. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold
harmless, CITY, its elected and appointed boards, officers, officials, employees,
agents and volunteers from and against any and all claims, demands, lawsuits,
defense costs, civil, penalties, expenses, causes of action, and judgments at law or
in equity, or liability of any kind or nature which CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers may sustain or incur
or which may be imposed upon them for injuries or deaths of persons, or damage
to property arising out of CONSULTANT'S negligent or wrongful act, or omission
under the terms of this Agreement, except only liability arising out of the sole
negligence of CITY.
SECTION 14. INSURANCE COVERAGE.
During the Term of this Agreement, CONSULTANT shall carry, maintain,
and keep in full force and effect all of the following minimum scope of insurance
against claims for death or injuries to persons or damages to property that may
arise from or in connection with CONSULTANT's performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Broad-form, Insurance
Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily
injury and property damage, including premise-operations, products-completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury or bodily injury, and advertising injury, with limits no
less than Two Million Dollars and Zero Cents ($2,000,000), combined single
limits, per occurrence. If a general aggregate limit applies, the limit shall be twice
the required occurrence limit.
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• Business Automobile Liability Insurance: For owned vehicles,
hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero
Cents (S1,000,000.00) per accident for bodily injury and property damage.
• Workers Compensation insurance as required by the laws of the
State of California, with Statutory Limits, and Employer's Liability Insurance with
limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per
accident for bodily injury or disease. CONSULTANT agrees to waive, and to
obtain endorsements from its workers' compensation insurer waiving subrogation
rights under its workers' compensation insurance policy against CITY, its elected
and appointed boards, officers, officials, employees, agents and volunteers for
losses arising from work performed by CONSULTANT for CITY and to require
each of its subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
By executing this Agreement, CONSULTANT further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance
appropriate to the CONSULTANT's profession, with limit no less than Two Million
Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million
Dollars and Zero Cents ($2,000,000.00) aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is written as
a "claims made" policy, the retroactivity date shall be prior to the start of work set
forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance
during the Term of this Agreement and for five (5) years after completion of work
hereunder. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of this
Agreement, CONSULTANT shall purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the work.
If CONSULTANT maintains higher limits than the minimums shown above,
CITY requires and shall be entitled to coverage for the higher limits maintained by
CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its subcontractors, if any, to maintain
insurance coverage that meets all of the requirements of this Agreement.
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The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California, with a current rating of at least A:VII in
the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be
canceled, except after providing CITY thirty (30) days' (or ten [101 calendar days'
for non-payment) prior written notice. CONSULTANT agrees that if it does not
keep the aforesaid insurance in full force and effect CITY may either: (i)
immediately terminate this Agreement for Cause, or (ii) take out the necessary
insurance and pay, at CONSULTANT'S expense, the premium thereon.
At all times during the Term of this Agreement, CONSULTANT shall
maintain on file with CITY's Risk Manager a certificate or certificates of insurance
showing that the aforesaid policies are in effect in the required amounts and
naming CITY, its officers, agents, employees and volunteers as an additional
insured. CONSULTANT shall, prior to commencement of work under this
Agreement, file with CITY's Risk Manager such certificate(s).
CONSULTANT shall provide proof that policies of insurance required herein
expiring during the Term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30)
days' prior written notice to CITY. CONSULTANT agrees to require its insurer to
modify the certificates of insurance to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor" with regard to any notice provisions.
Except for professional liability and workers' compensation policies, the
policies herein are primary and non-contributing with any insurance that may be
carried by CITY. Any insurance or self-insurance maintained by CITY, its officers,
employees, agents or volunteers, shall be in excess of CONSULTANT's insurance
and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not
prohibit CONSULTANT, and CONSULTANT's employees, agents or
subcontractors, from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not CITY has
received a waiver if subrogation endorsement from the insurer.
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Coverage not affected. Any failure to comply with the reporting provisions of
the policies contemplated herein, shall not affect coverage provided to CITY, its
elected and appointed boards, officers, officials, employees, agents and
volunteers.
Coverage applies separately. CONSULTANT's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved
by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the
deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall
procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONSULTANT shall not be construed as a
limitation of CONSULTANT's liability or as fall performance of CONSULTANT's
duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in
law or in equity occasioned by failure of CONSULTANT to comply with this section.
CITY reserves the right to modify these requirements, including limits, based
on the nature of risk, prior experience, insurer, coverage, or other special
circumstances.
SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONSULTANT shall not subcontract, delegate or assign its duties or rights
hereunder, either in whole or in part, without the prior written consent of CITY. Any
proposed subcontract, delegation, or assignment shall provide a description of the
services to be covered, identification of the proposed sub-contractor, delegee, or
assignee, and an explanation of why and how the same was selected, including
the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of
CONSULTANT and shall not bind or purport to bind CITY and shall not release
CONSULTANT from any obligations under this Agreement including, but not
limited to, the duty to properly supervise and coordinate the work of employees,
assignees, delegees or sub-contractors. No such subcontract, delegation or
assignment shall result in any increase in the amount of total compensation
payable to CONSULTANT under the Agreement.
,Y)
SECTION 16. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other term, condition or covenant
hereof.
SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this
Agreement shall, to the extent reasonably feasible, be resolved through good faith
negotiations between the Parties. If any action at law or in equity is brought to
enforce this Agreement or because of alleged dispute, breach, default or
misrepresentation in connection with the provisions of this Agreement, the
prevailing party in such action shall be entitled to reasonable attorney's fees,
expert fees, costs and necessary disbursements incurred in that action or
proceeding, in addition to such other relief as may be sought and awarded. The
venue for any litigation shall be County of Los Angeles, California. The Parties
agree that the covenants contained in this Article shall survive the expiration or
termination of this Agreement.
SECTION 18. ATTORNEY'S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of
this Agreement, the prevailing party in such litigation shall be entitled to an award
of reasonable attorney's fees and costs in addition to any other relief to which it
may be entitled.
SECTION 19. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with
respect to the advisability of entering into and executing this Agreement,
B. In executing this Agreement, it has carefully read this Agreement,
knows the contents thereof, and has relied solely on the statements expressly set
forth herein and has placed no reliance whatsoever on any statement,
representation, or promise of any other party, or any other person or entity, not
expressly set forth herein, nor upon the failure of any other party or any other
person or entity to make any statement, representation or disclosure of any
matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into
this Agreement, and that the person executing this Agreement on behalf of either
party has the full right and authority to fully commit and bind such party to the
provisions of this Agreement.
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SECTION 20. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included
for purposes of convenience only and shall not control or affect the construction of
interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender, and the neuter
and vice versa.
C. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this
Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of
which taken together shall be but one and the same Agreement. Any signed copy
of this Agreement or of any other document or agreement referred to herein, or
copy or counterpart thereof, delivered by facsimile transmission, shall for all
purposes be treated as if it were delivered containing an original manual signature
of the party whose signature appears in the facsimile and shall be binding upon
such party in the same manner as though an originally signed copy had been
delivered.
F. Each of the parties acknowledges that it has been represented
by independent counsel of its own choosing, or if it has not been so represented, it
has been admonished to obtain independent counsel and has freely and
voluntarily waived and relinquished the right to counsel. Each party who has
not obtained independent counsel acknowledges that the failure to have
independent legal counsel will not excuse such party's failure to perform under this
Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and
those set forth in any exhibits or attachments hereto, the terms of this Agreement
shall govern.
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SECTION 21. NOTICE.
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as
hereinafter provided. All notices, demands, requests, or approvals hereunder shall
be given to the following addresses or such other addresses as the Parties may
designate by written notice:
CITY ADMINISTRATOR CONSULTANT
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, CONSULTANT shall not discriminate
against any employee, sub-contractor, or applicant for employment because of
race, color, creed, religion, sex, marital status, national origin, ancestry, age,
physical or mental handicap, mental condition or sexual orientation.
CONSULTANT will take affirmative action to ensure that sub-contractor and
applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition or sexual
orientation.
SECTION 23. CONFLICT OF INTEREST.
CONSULTANT and its officers, employees, associates and subconsultants,
if any, shall comply with all California conflict of interest statutes applicable to
Consultant's Services under this Agreement, including, but not limited to, the
Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section
1090. CONSULTANT further covenants that it presently has no interest and shall
not acquire any interest, direct or indirect, which may be affected by the services
to be performed by CONSULTANT under this Agreement, or which would conflict
in any manner with the performance of its services hereunder. CONSULTANT
further covenants that, in performance of this Agreement, no person having any
such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the
appearance of having any interest that would conflict in any manner with the
performance of its services pursuant to this Agreement.
CONSULTANT covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a
result of the performance of this Agreement, or the services that may be procured
by CITY as a result of the recommendations made by CONSULTANT.
25
CONSULTANT's covenant under this section shall survive the termination of this
Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and
CONSULTANT. Any prior agreements, promises, negotiations or representations
not expressly set forth herein are of no force or effect. Subsequent modifications to
this Agreement shall be effective only if in writing and signed by each party. If any
term, condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall be valid and binding.
CITY OF MONTEBELLO CONSULTANT
Rene Bobadilla Name and Title
City Manager
Dated: Dated:
ATTEST:
Irma Barajas
City Clerk
APPROVED AS TO FORM
Arnold M. Alvarez-Glasman
City Attorney
26
Exhibit "A"
Scope of Services
27
Exhibit "B"
Schedule of Performance
2S
Exhibit "C"
Schedule of Compensation
29
EXHIBIT D TO CONTRACT
EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this
Agreement, the contractor and each subcontractor shall adhere to equal
opportunity employment practices to assure that applicants and employees
are treated equally and are not discriminated against because of their race,
religious creed, color, national origin, ancestry, handicap, sex, or age.
Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for
applicants for employment placed by or on behalf of Contractor, state that it is
an "Equal Opportunity Employer" or that all qualified applicants will receive
consideration for employment without regard to their race, religious creed,
color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it
has not, in the performance of this Agreement, discriminated against applicants
or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so
by City, through its awarding authority, provide copies of all of its records
pertaining or relating to its employment practices, except to the extent such
records or portions of such records are confidential or privileged under state or
federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to
require or permit any act which is prohibited by law.
4845-3796-3299, v. 1
PROFESSIONAL SERVICES AGREEMENT
CITY OF MONTEBELLO PROFESSIONAL SERVICES
AGREEMENT NO.
BY AND BETWEEN CITY OF MONTEBELLO
AND
PUBLIC SECTOR PERSONNEL CONSULTANTS
THIS AGREEMENT ("Agreement") is made and entered into on
20 by the CITY OF MONTEBELLO, a municipal corporation (hereinafter
referred to as "CITY") and [NAME OF CONSULTANT] (hereinafter referred to as
"CONSULTANT"). CITY and CONSULTANT are sometimes referred to herein
individual as a "Party," and jointly as the "Parties."
RECITALS
WHEREAS, City proposes to utilize the services of Consultant as an
independent contractor to City to as more fully described herein;
and
WHEREAS, CONSULTANT represents the degree of specialized expertise
contemplated within California Government Code, Section 37103, and is qualified
to perform such services by virtue of its experience and the training, education and
expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within
the provisions of Sections 1090 — 1092 of the California Government Code, in the
subject matter of this Agreement; and
DELETE THE FOLLOWING "WHEREAS" PARAGRAPH IF PSA AWARDED
WITHOUT RFP PROCESS
WHEREAS, CONSULTANT responded to CITY's Request for Proposals
dated (DATE] (RFP No. [X]), as such is set forth fully in Exhibit "A" hereto and
incorporated fully herein by this reference (hereinafter "Consultant Proposal").
NOW THEREFORE, in consideration of performance by the Parties of the
covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONSULTANT shall provide to CITY those services that are set forth
fully in the Scope of Services, as such is set forth fully in Exhibit "A" hereto and
incorporated fully herein by this reference (hereinafter "Professional Services").
B. CONSULTANT shall complete the Scope of Services within the time
set forth in the Schedule of Performance, as such is set forth in Exhibit "B" hereto
and incorporated fully herein by this reference.
B. CONSULTANT shall be compensated a sum not-to-exceed (the
"Maximum Compensation") for performance of the Professional Services as set
forth in the Schedule of Compensation attached hereto as Exhibit "C" and
incorporated fully herein by this reference ("Compensation"). CONSULTANT shall
provide an itemized billing statement to CITY each month for Professional Services
performed. CONSULTANT shall not incur fees or costs which exceed the
Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following
commencement of work and at the end of each billing period thereafter. Payment
in full of an invoice must be received by CONSULTANT within thirty (30) days of
the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as
and when invoiced unless CITY objects within fifteen (15) days of invoice date by
written notice specifically stating the details in which CITY believes such work is
incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay
undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30)
days of the date thereof subjects this agreement and the work herein contemplated
to suspension or termination at CONSULTANT's discretion.
SECTION 2. TERM.
This Agreement shall commence upon the date the last of the Parties
executes this Agreement herein below ("Effective Date"), and shall terminate upon
completion of the Scope of Services set forth herein, unless terminated sooner as
provided in Section 7 herein.
[OPTIONAL LANGUAGE IF EXTENSIONS PERMITTED]: Thereafter, this
Agreement may be extended for a maximum of [SPELL OUT NUMBER] (#)
successive one (1) year periods. Such extensions, if any, will be evidenced by a
written amendment to this Agreement].
The Parties agree that Sections 4(B), 9, 10, 11 , 13, 16, 17, 18, and 19 shall survive
for three (3) years following the expiration or termination of this Agreement.
SECTION 3. PERFORMANCE.
A. CONSULTANT shall at all times, faithfully, competently, and to the
best of its ability, experience and talent, perform all tasks described herein.
B. CONSULTANT shall employ, at a minimum, generally accepted
standards and practices utilized by companies engaged in providing similar
services, as are required of CONSULTANT hereunder, in meeting its obligations
under this Agreement.
C. CONSULTANT shall be knowledgeable of and subject to all CITY
ordinances, rules and regulations, standard operating procedures, and the
supervisory chain of command.
D. CONSULTANT shall have the right to retain, subject to CITY's written
approval, additional individuals, consultants or subcontractors to assist in the
completion of services as herein defined. Compensation for additional individuals,
consultants or subcontractors shall be the sole and exclusive responsibility of
CONSULTANT.
E. CONSULTANT shall maintain full and accurate records with respect
to all matters covered under this Agreement for a period of three (3) years, unless
otherwise provided for in Exhibit "A." Upon CITY providing twenty-four (24) hours
advanced prior notice, CONSULTANT shall make all records, invoices, time cards,
cost control sheets and other records maintained by CONSULTANT in connection
with this Agreement available during CONSULTANT's regular working hours to
CITY for review and audit by CITY.
F. All reports, documents or other written material developed by
CONSULTANT in the performance of this Agreement shall be and remain the
property of CITY without restriction or limitation upon its use or dissemination by
CITY. Such material shall not be the subject of a copyright application by
CONSULTANT. Any alteration or reuse by CITY of any such materials on any
project other than the Project shall be at CITY's sole risk, unless CITY
compensates CONSULTANT for such reuse.
SECTION 4. WORK PRODUCT.
A. CONSULTANT hereby agrees that all work produced pursuant to this
Agreement, and provided to CITY during and upon completion of this Agreement,
shall be the property of CITY, and ownership of said work product shall be retained
by CITY. CONSULTANT may take and retain copies of such written products as
desired.
B. All data, documents, discussion, or other information developed or
received by CONSULTANT or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by CONSULTANT without prior
written consent by CITY. CITY shall grant such consent if disclosure is legally
required. All such written products shall be returned to CITY upon the termination
or expiration of this Agreement. CONSULTANT agrees that the covenants
contained in this Article shall survive the expiration or termination of this
Agreement.
C. Documents are provided in CONSULTANT's standard software
formats. CITY recognizes that electronic or magnetic data and its transmission can
be easily damaged, may not be compatible with CITY's software formats and
systems, may develop inaccuracies during conversion or use, and may contain
viruses or other destructive programs, and that software and hardware operating
systems may become obsolete. As a condition of delivery of electronic or magnetic
data, CITY agrees to defend indemnify and hold CONSULTANT, its sub-
contractors, agents and employees harmless from and against all claims, loss,
damages, expense and liability arising from or connected with its use, reuse,
misuse, modification or misinterpretation. In no event shall CONSULTANT be liable
for any loss of use, profit or any other damage.
SECTION 5. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by
CONSULTANT under this Agreement unless such extra services first shall have
been duly authorized in writing by CITY's City Administrator ("City Administrator").
SECTION 6. CITY SUPERVISION.
The City Administrator shall have the right of general supervision of all work
performed by CONSULTANT and shall be CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment for services rendered under
this Agreement shall be made without the prior approval of the City Administrator.
SECTION 7. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, the non-
defaulting party shall give the defaulting party written notice of the default, the
nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the
Agreement are violated by either party, the non-defaulting Party may terminate the
Agreement by serving written notice upon the other Party, listing the violation(s)
and its intent to terminate such Agreement unless within ten (10) days after the
serving of such notice, such violation shall cease or be rectified, the contract shall
upon the expiration of an additional thirty (30) days cease and terminate.
Violations by CONSULTANT which cannot be corrected within ten (10) days, said
contract shall at the option of CITY cease and terminate upon the giving of like
notice. In the event of any such termination for default by CONSULTANT, CITY
may take over the work and prosecute the same to completion by contract or
otherwise for the account and at the expense of CONSULTANT. CONSULTANT
and his sureties shall be liable to CITY for any excess cost occasioned in the event
of any such termination. This change shall not be construed to prevent the
termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, CONSULTANT shall only be entitled to the
Compensation for those Professional Services satisfactory performed on or before
the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole
discretion and without cause, to terminate this Agreement in whole, or in part, after
giving written notice to CONSULTANT at least five (5) business days before the
termination is to be effective. Upon the termination of this Agreement as provided
herein, CITY shall provide to CONSULTANT the part of Compensation which
would otherwise be payable to CONSULTANT for services CONSULTANT had
completed as of the date of termination, less the amount of all previous payment
with respect to the Compensation. Further, upon such a termination for
convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed
for any "non-refundable" costs that CONSULTANT has incurred for its services
under this Agreement, provided that: (1) such "non- refundable" costs were
incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT
provides CITY with adequate proof that CONSULTANT incurred the costs, and is
unable to be seek a refund for such costs; and (3) such costs were within the
scope of work or services to be performed under this Agreement. Such "non-
refundable" costs may include, but are not limited to, travel reservations incurred
by CONSULTANT for its performance of services under this Agreement.
CONSULTANT agrees to cease all work under this Agreement on or before the
effective date of any notice of termination.
SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONSULTANT during
the Term of this Agreement.
SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONSULTANT
in the event of any default or breach by CITY, or for any amount which may
become due to CONSULTANT.
SECTION 10. INDEPENDENT CONTRACTOR.
A. CONSULTANT is and shall, at all times, remain as to CITY a wholly
independent contractor. Neither CITY nor any of its elected officials, officers,
employees or agents shall have control over the conduct of CONSULTANT except
as expressly set forth in this Agreement. CONSULTANT shall not at any time or in
any manner represent that he is in any manner an elected official, officer,
employee or agent of CITY. No employee benefits shall be available to
CONSULTANT in connection with the performance of this Agreement. Except as
provided in this Agreement, CITY shall not pay salary, wages, or other
compensation to CONSULTANT for performance hereunder for CITY. CITY shall
not be liable for compensation to CONSULTANT, CONSULTANT's employees or
CONSULTANT's subcontractors for injury or sickness arising out of performing
services hereunder.
B. The parties further acknowledge and agree that nothing in this
Agreement shall create or be construed to create a partnership, joint venture,
employment relationship or any other relationship except as set forth in this
Agreement.
C. CITY shall not deduct from the Compensation paid to CONSULTANT
any sums required for Social Security, withholding taxes, FICA, state disability
insurance or any other federal, state or local tax or charge which may or may not
be in effect or hereinafter enacted or required as a charge or withholding on the
compensation paid to CONSULTANT. CITY shall have no responsibility to provide
CONSULTANT, its employees or subcontractors with workers' compensation
insurance or any other insurance.
SECTION 11. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONSULTANT or any employee, agent, or
subcontractor of CONSULTANT providing services under this Agreement claims or
is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an
employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless
CITY for the payment of any employee and/or employer contributions for PERS
benefits on behalf of CONSULTANT or its employees, agents, or subcontractors,
as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule,
regulation, law or ordinance to the contrary, CONSULTANT and any of its
employees, agents, and subcontractors providing service under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any claims to,
any compensation, benefit, or any incident of employment by CITY, including but
not limited to eligibility to enroll in PERS as an employee of CITY and entitlement
to any contribution to be paid by CITY for employer contribution and/or employee
contributions for PERS benefits.
SECTION 12. LEGAL RESPONSIBILITIES.
CONSULTANT shall at all times observe and comply with all applicable
laws, ordinances, codes and regulations of the federal, state and local
governments including, but not limited to the Montebello Municipal Code. CITY,
and its appointed or elected officers, employees, or agents, shall not be liable at
law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 13. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold
harmless, CITY, its elected and appointed boards, officers, officials, employees,
agents and volunteers from and against any and all claims, demands, lawsuits,
defense costs, civil, penalties, expenses, causes of action, and judgments at law or
in equity, or liability of any kind or nature which CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers may sustain or incur
or which may be imposed upon them for injuries or deaths of persons, or damage
to property arising out of CONSULTANT'S negligent or wrongful act, or omission
under the terms of this Agreement, except only liability arising out of the sole
negligence of CITY.
SECTION 14. INSURANCE COVERAGE.
During the Term of this Agreement, CONSULTANT shall carry, maintain,
and keep in full force and effect all of the following minimum scope of insurance
against claims for death or injuries to persons or damages to property that may
arise from or in connection with CONSULTANT's performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Broad-form, Insurance
Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily
injury and property damage, including premise-operations, products-completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury or bodily injury, and advertising injury, with limits no
less than Two Million Dollars and Zero Cents ($2,000,000), combined single
limits, per occurrence. If a general aggregate limit applies, the limit shall be twice
the required occurrence limit.
• Business Automobile Liability Insurance: For owned vehicles,
hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero
Cents ($1,000,000.00) per accident for bodily injury and property damage.
• Workers Compensation insurance as required by the laws of the
State of California, with Statutory Limits, and Employer's Liability Insurance with
limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per
accident for bodily injury or disease. CONSULTANT agrees to waive, and to
obtain endorsements from its workers' compensation insurer waiving subrogation
rights under its workers' compensation insurance policy against CITY, its elected
and appointed boards, officers, officials, employees, agents and volunteers for
losses arising from work performed by CONSULTANT for CITY and to require
each of its subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
By executing this Agreement, CONSULTANT further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work contemplated herein.
• Professional Errors and Omissions (E&O) Liability insurance
appropriate to the CONSULTANT's profession, with limit no less than Two Million
Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million
Dollars and Zero Cents ($2,000,000.00) aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is written as
a "claims made" policy, the retroactivity date shall be prior to the start of work set
forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance
during the Term of this Agreement and for five (5) years after completion of work
hereunder. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of this
Agreement, CONSULTANT shall purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the work.
If CONSULTANT maintains higher limits than the minimums shown above,
CITY requires and shall be entitled to coverage for the higher limits maintained by
CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its subcontractors, if any, to maintain
insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California, with a current rating of at least A:VII in
the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be
canceled, except after providing CITY thirty (30) days' (or ten [10] calendar days'
for non-payment) prior written notice. CONSULTANT agrees that if it does not
keep the aforesaid insurance in full force and effect CITY may either: (i)
immediately terminate this Agreement for Cause; or (ii) take out the necessary
insurance and pay, at CONSULTANT'S expense, the premium thereon.
At all times during the Term of this Agreement, CONSULTANT shall
maintain on file with CITY's Risk Manager a certificate or certificates of insurance
showing that the aforesaid policies are in effect in the required amounts and
naming CITY, its officers, agents, employees and volunteers as an additional
insured. CONSULTANT shall, prior to commencement of work under this
Agreement, file with CITY's Risk Manager such certificate(s).
CONSULTANT shall provide proof that policies of insurance required herein
expiring during the Term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30)
days' prior written notice to CITY. CONSULTANT agrees to require its insurer to
modify the certificates of insurance to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor' with regard to any notice provisions.
Except for professional liability and workers' compensation policies, the
policies herein are primary and non-contributing with any insurance that may be
carried by CITY. Any insurance or self-insurance maintained by CITY, its officers,
employees, agents or volunteers, shall be in excess of CONSULTANT's insurance
and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not
prohibit CONSULTANT, and CONSULTANT's employees, agents or
subcontractors, from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not CITY has
received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of
the policies contemplated herein, shall not affect coverage provided to CITY, its
elected and appointed boards, officers, officials, employees, agents and
volunteers.
Coverage applies separately. CONSULTANT's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved
by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the
deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall
procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONSULTANT shall not be construed as a
limitation of CONSULTANT's liability or as fall performance of CONSULTANT's
duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in
law or in equity occasioned by failure of CONSULTANT to comply with this section.
CITY reserves the right to modify these requirements, including limits, based
on the nature of risk, prior experience, insurer, coverage, or other special
circumstances.
SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONSULTANT shall not subcontract, delegate or assign its duties or rights
hereunder, either in whole or in part, without the prior written consent of CITY. Any
proposed subcontract, delegation, or assignment shall provide a description of the
services to be covered, identification of the proposed sub-contractor, delegee, or
assignee, and an explanation of why and how the same was selected, including
the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of
CONSULTANT and shall not bind or purport to bind CITY and shall not release
CONSULTANT from any obligations under this Agreement including, but not
limited to, the duty to properly supervise and coordinate the work of employees,
assignees, delegees or sub-contractors. No such subcontract, delegation or
assignment shall result in any increase in the amount of total compensation
payable to CONSULTANT under the Agreement.
SECTION 16. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other term, condition or covenant
hereof.
SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this
Agreement shall, to the extent reasonably feasible, be resolved through good faith
negotiations between the Parties. If any action at law or in equity is brought to
enforce this Agreement or because of alleged dispute, breach, default or
misrepresentation in connection with the provisions of this Agreement, the
prevailing party in such action shall be entitled to reasonable attorney's fees,
expert fees, costs and necessary disbursements incurred in that action or
proceeding, in addition to such other relief as may be sought and awarded. The
venue for any litigation shall be County of Los Angeles, California. The Parties
agree that the covenants contained in this Article shall survive the expiration or
termination of this Agreement.
SECTION 18. ATTORNEY'S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of
this Agreement, the prevailing party in such litigation shall be entitled to an award
of reasonable attorney's fees and costs in addition to any other relief to which it
may be entitled.
SECTION 19. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with
respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement,
knows the contents thereof, and has relied solely on the statements expressly set
forth herein and has placed no reliance whatsoever on any statement,
representation, or promise of any other party, or any other person or entity, not
expressly set forth herein, nor upon the failure of any other party or any other
person or entity to make any statement, representation or disclosure of any
matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into
this Agreement, and that the person executing this Agreement on behalf of either
party has the full right and authority to fully commit and bind such party to the
provisions of this Agreement.
SECTION 20. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included
for purposes of convenience only and shall not control or affect the construction of
interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender, and the neuter
and vice versa.
C. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this
Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of
which taken together shall be but one and the same Agreement. Any signed copy
of this Agreement or of any other document or agreement referred to herein, or
copy or counterpart thereof, delivered by facsimile transmission, shall for all
purposes be treated as if it were delivered containing an original manual signature
of the party whose signature appears in the facsimile and shall be binding upon
such party in the same manner as though an originally signed copy had been
delivered.
F. Each of the parties acknowledges that it has been represented
by independent counsel of its own choosing, or if it has not been so represented, it
has been admonished to obtain independent counsel and has freely and
voluntarily waived and relinquished the right to counsel. Each party who has
not obtained independent counsel acknowledges that the failure to have
independent legal counsel will not excuse such party's failure to perform under this
Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and
those set forth in any exhibits or attachments hereto, the terms of this Agreement
shall govern.
SECTION 21. NOTICE.
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as
hereinafter provided. All notices, demands, requests, or approvals hereunder shall
be given to the following addresses or such other addresses as the Parties may
designate by written notice:
CITY ADMINISTRATOR CONSULTANT
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, CONSULTANT shall not discriminate
against any employee, sub-contractor, or applicant for employment because of
race, color, creed, religion, sex, marital status, national origin, ancestry, age,
physical or mental handicap, mental condition or sexual orientation.
CONSULTANT will take affirmative action to ensure that sub-contractor and
applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition or sexual
orientation.
SECTION 23. CONFLICT OF INTEREST.
CONSULTANT and its officers, employees, associates and subconsultants,
if any, shall comply with all California conflict of interest statutes applicable to
Consultant's Services under this Agreement, including, but not limited to, the
Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section
1090. CONSULTANT further covenants that it presently has no interest and shall
not acquire any interest, direct or indirect, which may be affected by the services
to be performed by CONSULTANT under this Agreement, or which would conflict
in any manner with the performance of its services hereunder. CONSULTANT
further covenants that, in performance of this Agreement, no person having any
such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the
appearance of having any interest that would conflict in any manner with the
performance of its services pursuant to this Agreement.
CONSULTANT covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a
result of the performance of this Agreement, or the services that may be procured
by CITY as a result of the recommendations made by CONSULTANT.
CONSULTANT's covenant under this section shall survive the termination of this
Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and
CONSULTANT. Any prior agreements, promises, negotiations or representations
not expressly set forth herein are of no force or effect. Subsequent modifications to
this Agreement shall be effective only if in writing and signed by each party. If any
term, condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall be valid and binding.
CITY OF MONTEBELLO CONSULTANT
Rene Bobadilla Name and Title
City Manager
Dated: Dated:
ATTEST:
Irma Barajas
City Clerk
APPROVED AS TO FORM
Arnold M. Alvarez-Glasman
City Attorney
Exhibit "A"
Scope of Services
Exhibit "B"
Schedule of Performance
Exhibit "C"
Schedule of Compensation
EXHIBIT D TO CONTRACT
EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this
Agreement, the contractor and each subcontractor shall adhere to equal
opportunity employment practices to assure that applicants and
employees are treated equally and are not discriminated against because
of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any
segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for
applicants for employment placed by or on behalf of Contractor, state that
it is an "Equal Opportunity Employer" or that all qualified applicants will
receive consideration for employment without regard to their race,
religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that
it has not, in the performance of this Agreement, discriminated against
applicants or employees because of their membership in a protected
class.
D. Contractor agrees to provide the City with access to, and, if requested to
do so by City, through its awarding authority, provide copies of all of its
records pertaining or relating to its employment practices, except to the
extent such records or portions of such records are confidential or
privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as
to require or permit any act which is prohibited by law.
4845-3796-3299,v. 1
PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE
CITY OF MONTEBELLO
JUNE 2020
PREPARED BY
Matthew Weatherly, President
matt(c)pspc.us / 888.522.7772
Pue � ic
SECTOR
V■i10 NNL
COMOULTMTA
PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
TABLE OF CONTENTS
Section Paqe
1 LETTER OF TRANSMITTAL AND AFFIDAVIT OF NON-COLLUSION 1
2 STAFFING AND QUALIFICATIONS OF OUR FIRM AND STAFF
HISTORYAND FACTS ABOUT OUR FIRM 2
RECENT CALIFORNIA EMPLOYERS SERVED 3
RECENT MUNICIPAL EMPLOYERS SERVED 3
PROJECT TEAM ORGANIZATION CHART 4
RESUMES OF PROJECT TEAM MEMBERS 4
3 PROJECT APPROACH AND METHODOLOGY
SUMMARY OF SERVICES FOR THE CITY 7
PROJECT SCOPE AND METHODOLOGY 8
A. OBJECTIVES OF THE PROJECT 8
B. SCOPE OF THE PROJECT 8
C. PROJECT METHODOLOGY 8
1. Quality Assurance 8
2. Project Planning Meetings and Communication Plan Development 8
D. POSITION CLASSIFICATION ANALYSIS 9
1. Review of Essential Tasks—Job Analysis Questionnaire 9
2. Employee Worksite Job Information Interviews 9
3. FLSA Status Determination 9
4. Position Classification 9
5. Updated Class Specifications 10
6. Draft Classification Plan Reviews 10
7. Optional Approaches to Ensure Internal Equity 10
E. COMPENSATION SURVEY AND PLAN 11
1. City Involvement in Compensation Plan Development 11
2. Comprehensive Compensation Survey 11
3. Prevailing Rates Calculation 12
4. Compensation Competitiveness Comparison 12
5. Compensation Competitiveness Policy 12
6. Salary Plan Structure Development 12
7. Salary Range Assignment Development 12
8. Implementation Plan Development 12
F. ENSURING THE CITY'S SELF-SUFFICIENCY 13
G. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION 13
H. MINIMAL CITY SUPPORT REQUIRED 13
I. FINAL REPORTS AND PRESENTATIONS 14
ELAPSED PROJECT TIMELINE— GANTT CHART 14
4 CLIENT REFERENCES 15
5 FEE PROPOSAL 16
6 ADDITIONAL INFORMATION
PSPC BOOKLET.' "Communicating the Project to the Employees"
PSPC BOOKLET. "EZ COMP'""Program Description
Please visit www.ospc.us for work samples and additional resources
PUBLIC SECTOR PERSONNEL CONSULTANTS
PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
COVER LETTER
INCLUDING AFFIDAVIT OF NON-COLLUSION
PUBLIC SECTOR PERSONNEL CONSULTANTS
Pue��c
SECTOR
P■R{OMN■L
CON{YLT�NT{
June 12, 2020
Ms. Nicole Mooshagian
Senior HR Analyst
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
Dear Selection Team,
Pursuant to your request, we are pleased to provide you with a proposal and qualifications to assist the City with
a classification and compensation study. We specialize in these services, and have implemented classification
and compensation plans for more than 1,100 public employers nationwide, including more than 400 municipal
employers and over 100 public employers in California.
Current and recently completed projects include the Cities of Riverside (SEIU), Colton, San Bernardino, Santa
Ana (SEIU), Bell Gardens, Southgate, Salinas, Monterey, Upland, Azusa, San Juan Capistrano, and Aliso Viejo.
We believe our firm is uniquely qualified for this study. We will utilize only full-time, certified Human Resources
professionals for the study, with combined greater than 100 years of experience in the fields of human
resources, compensation, and labor relations.
Our proposed approach will be customized to meet the City's needs. We are confident that our extensive public
employers classification and compensation experience, knowledge of public employers in California, large
specialized and highly qualified full time staff, proven methods, unique EZ COMPTm application to ensure your
self-sufficiency, and one year of implementation support and assistance at no cost, will achieve all of the City's
objectives for an important project of this nature.
In light of COVID-19 restrictions, we have several flexible, online and virtual options to ensure high quality
results, employee participation, and overall communication without sacrificing quality or consistency.
Our proposal remains valid for no less than 180 days, and we take no exceptions to any conditions or
requirements stated in the RFP.
Thank you for your interest in our firm's services. If we can provide any additional information, such as samples
of recent similar studies, or if you would like to visit further or in person about the City's project needs, please
contact me at any time.
Sincerely,
Matthew Weatherly, President
(888) 522-7772
matl(o7pspc.us
Page 1
Regionally: 149 S. Barrington Avenue#726 Los Angeles,CA 90049
888,522.7772 •FAX(480)970-6019•w pspc.us
ATTACHMENT A
AFFIDAVIT OF NON-COLLUSION
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) Ss
COUNTY OF LOS ANGELES )
Matthew Weatherly, being first duly sworn deposes and says that he/she is
President of Public Sector Personnel Consultants, Inc.
(Insert"Sole Owner',"Partner',"President,"Secretary",or other proper title) (Insert name of bidder)
who submits herewith to the City of Montebello a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any
undisclosed person, partnership, company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or
conference with anyone attempted to induce action prejudicial to the interest of the City
of Montebello, or of any other bidder or anyone else interested in the proposed contract;
and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false
or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or sham
proposal, or that anyone should refrain from bidding or withdraw his
proposal;
C. Did not, in any manner, directly or indirectly seek by agreement,
communication or conference with anyone to raise or fix the proposal
price of said bidder or of anyone else, or to raise or fix any overhead,
a. profit or cost element of his proposal price, or of that of anyone else;
b. Did not, directly or indirectly, submit his proposal price or any breakdown
thereof, or the contents thereof, or divulge information or data relative
thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, or to
any individual or group of individuals, except the City of Montebello, or
to any person or persons who have a partnership or other financial
interest with said bidder in his business.
I certify under penalty of perjury under the laws of the State of California that the above
information is correct
t-AalZw W
By: Title: President
Date: June 12. 2020
PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
QUALIFICATIONS OF OUR FIRM AND STAFF
HISTORYAND FACTS ABOUT OUR FIRM
RECENT EMPLOYERS SERVED
TEAM ORG CHART AND RESUMES
PUBLIC SECTOR PERSONNEL CONSULTANTS
HISTORY AND FACTS ABOUT OUR FIRM
• HISTORY OF OUR FIRM
Public Sector Personnel Consultants (PSPC) originated in 1972 with the Public Sector Group of the
international human resources consulting firm of Hay Associates. PSPC was established as an
independent firm in 1982. We are a single-owner, debt-free subchapter-S corporation.
• REGIONAL STAFF
We have regional offices or affiliates in Los Angeles, CA, San Diego, CA, Austin, TX, Dallas, TX, Santa Fe,
NM, Chicago, IL, Denver, CO, Kansas City, MO, St. Paul, MN, Seattle, WA, and Tempe, AZ.
• SPECIALIZED IN COMPENSATION SERVICES
We are "super-specialists" in compensation, providing services in job analysis, position classification, job
content evaluation, compensation, and directly related services. Over 98% of our classification and
compensation studies have been successfully implemented by our clients.
• SPECIALIZED IN PUBLIC SECTOR CLIENTS
We provide services exclusively to public sector employers including municipalities, counties, utility
districts, library districts, special districts, state governments, housing and redevelopment agencies, airport
authorities, school districts, higher education, and tribal governments.
• SPECIALIZED COMPENSATION STAFF
Our staff is comprised of eight (8) full time and an additional five (5) part time senior human resources
professionals with very extensive experience as compensation managers and consultants for public
employers. Our staff has more than 100 years of combined experience working for and consulting to public
sector employers.
• OVER 1,100 PUBLIC EMPLOYERS SERVED
Our staff members have provided compensation, human resources, training and related consulting services
to more than 1,100 public and 200 private employers throughout the U.S.
• AMERICAN COMPENSATION ASSOCIATION PARTICIPATION (ACA) (NOW WORLDATWORK)
Our consultants are active members of ACA, including serving as instructors for the ACA certification
courses.
• SPECIALIZED COMPENSATION AND RELATED RESOURCES
We utilize our EZ COMPrM salary survey and plan program, modified FES point-factor job evaluation
system, AEPTM performance evaluation plan, and SNAPr' staffing needs analysis program.
• FIRST YEAR IMPLEMENTATION WARRANTY
We provide our clients with extensive implementation support during the first year, and we will analyze,
evaluate, classify, and provide a salary range recommendation for any new or changed position or entire
job class, at no additional cost.
PUBLIC SECTOR PERSONNEL CONSULTANTS
2
RECENT CALIFORNIA EMPLOYERS SERVED BY MEMBERS OF OUR STAFF
Apple Valley, Town of Sacramento Housing Authority
Bell Gardens, City of Salinas, City of
Banning, City of San Bernardino Assoc'n of Governments
Capitol Area Development Authority San Clemente, City of
Colton, City of, CA San Juan Capistrano, City of
Commerce, City of Santa Ana, City of(SEIU)
Culver City, City of Santa Cruz Port District
Indian Wells, City of South Gate, City of
Inglewood, City of Upland, City of
Monterey/Salinas Transit Vernon, City of
Monterey, City of Victorville, City of
Riverside, City of Westlake Village, City of
California Active 2020: Riverside, Colton, San Bernardino
ADDITIONAL RECENT MUNICIPAL EMPLOYERS SERVED BY OUR STAFF
Albuquerque, City of, NM Grand Forks, City of, ND Rio Rancho, City of, NM
Aliso Viejo, City of, CA Grand Prairie, City of. TX Rockwall, City of, TX
Allen, City of, TX Grapevine, City of, TX Roswell, City of, NM
Benbrook, City of, TX Haltom City, City of , TX Rowlett, City of, TX
Bothell, City of, WA Indian Wells, City of, CA Salinas, City of, CA
Bozeman, City of, MT Kerrville, City of, TX San Clemente, City of, CA
Carrollton, City of, TX Killeen, City of, TX San Juan Capistrano, City of, CA
Casa Grande, City of, AZ Lamar, City of, CO Santa Ana, City of, CA
Centralia, City of, WA Las Cruces, City of, NM Scottsdale, City of, AZ
Culver City, City of, CA Lisle, Village of, IL Southgate, City of, CA
Dallas, City of, TX Maricopa, City of, AZ Tomball, City of, TX
Denton, City of, TX Minot, City of, ND Upland, City of, CA
Edmonds, City of, WA Mountain Village, Town of, CO Vernon, City of, CA
El Paso, City of, TX Oak Brook, Village of, IL Victorville, City of, CA
Fairview, Town of, TX Odessa, City of, TX Westlake Village, CA
Fort Worth, City of, TX Pearland, City of, TX Winslow, City of, AZ
Frisco, City of, TX Plano, City of, TX Woodlands Township, TX
Georgetown, City of, TX Prosper, Town of, TX Yuma, City of, AZ
PUBLIC SECTOR PERSONNEL CONSULTANTS
3
CITY OF MONTEBELLO
CLASSIFICATION AND COMPENSATION STUDY
PROJECT TEAM ORGANIZATION CHART
City of MOntobollo
Mr.Nicholas Razo
Director of Human Resources
DEPARTMENT DIRECTORS COUNCIL
...._........_..........
__..........
_.
CITY EMPLOYEES PROJECT STAFF
PSFC Ouala,Control
PROJECT DIRECT00. Client Communicatron
Prq t Management
MaMaw Weallody Implementation Support
POSITION CLASSIFICATION COMPENSATION SURVEY COMPENSATION PLAN
REVIEW AND DESIGN SURVEY ANALYSIS IMPLEMENTAT ION PLAN
K.Tilaor,SPHR L.Till amonti,CCP L.Talamoml,CC➢
M.Weatperly 1.4.YleaWerty Al.t'Jeamerly
B Longmire,PUP S,Hein,PHR,MPA B Loigmire,PMP
..._........__............_........_............_.........._........................_............._..........._.........._..........._.........._............._..........._.............._............._..........._...............................................................................................
P.b'Wb Analysis Ouesuon'aae Me::Ot DoNo.b.n Compemlveness Sireogy
Job Inlormabon Intomews BCOCo,ii,l,Defimbibbs Salary Range Aasgmnen:s
Undated Class SpettliWtions Data Collection Fiscal Impact Ana" Scenarios
Job Analysis and Pmaion Classification Data Vulioalion EZ COMP'•Instillation
Job Evaluation ane Stoning Stausubal Report Ste!Training
Implementation SupWr: Mallet Comparison Implemerlabon Supei
Implementation Support
MATTHEW E. WEATHERLY, PRESIDENT, PROJECT LEADER
Mr. Weatherly has over 15 years of experience as a human resources management professional and
consultant, specializing in position classification, compensation, recruitment and selection. He has served as a
Human Resources Manager with Employee Solutions, Inc. and Staffing Consultant with Initial Staffing Services.
He has completed projects in staff development, recruitment, selection, job descriptions, salary survey, and
salary plan development. Among his current and recently completed consulting projects are those for:
Banning, City of, CA Monterey, City of, CA Salinas, City of, CA
Big Bear Lake, City of, CA North County Fire, CA San Clemente, City of, CA
Commerce, City of, CA Redwood City, City of CA Scottsdale, City of, AZ
Inglewood, City of, CA Rialto, City of, CA Westlake Village, City of, CA
Mr. Weatherly holds a BS degree in Human Resources Management from Arizona State University. He has
been a featured speaker at TMHRA and regional City Manager and HR meetings throughout the US.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
4
ELIZABETH J. LOCURTO, CCP, VICE PRESIDENT
Ms. LoCurto has over 30 years of experience as a compensation manager and consultant for public and private
employers, specializing in job analysis, salary surveys, and salary plan development. She has served as
Compensation Research Associate for Hayes/Hill, Inc., Senior Compensation Analyst for AON Corporation,
Compensation Manager for Loyola University, and Project Manager for the American Compensation
Association.
She has conducted projects in job audits, job descriptions, salary surveys, compensation database
management, compensation plan development, compensation training course development, and compensation
trend research. Among her consulting projects are:
Apple Valley, Town of. CA Huntington Beach, City of. CA Sacramento, City of CA
California Family Health Council Midland. City of, TX Seaside, City of, CA
E/Paso, City of. TX Oakland. City of CA State Bar of Texas
Fresno, City of, CA Pomona, City of CA Stockton, City of CA
Ms. LoCurto holds a BS degree in Business Administration from Arizona State University. She holds the
Certified Compensation Professional (CCP) designation from the American Compensation Association.
KATHERINE TILZER, SPHR, VICE PRESIDENT
Ms. Tilzer has more than 15 years of experience as a human resources manager and consultant, specializing in
employee relations, compensation, and recruitment. She has served as Personnel Manager for Laboratory
Corporation of America, Director of Human Resources for Plaza Healthcare, Inc., and Director of Human
Resources for American Baptist Homes.
Azusa, City of CA Indian Wells, City of CA Sacramento County San Dist, CA
Castro Valley Sanitary Dist., CA Lake Havasu City, AZ San Bernardino Assn of Govt's, CA
Culver City, City of, CA Monterey Transit Dist., CA Victorville, City of, CA
Frisco, City of, TX Pacific Grove, City of Water Facilities Authority, CA
She holds a BS degree in Management from the University of Phoenix, and certification as Senior Professional
in Human Resources from the Society for Human Resources Management.
SAMUEL HEINZ, MPA, PHR
Mr. Heinz has conducted projects in job analysis, position classification, job evaluation, compensation surveys,
and compensation plan development. Among his recent client projects are those for:
Addison. Town of, TX DeSoto, City of, TX Prosper, Town of, TX
Apache Junction, City of, AZ Galveston, City of, TX Teton County, WY
Bismarck, City of, NO Midland, City of, TX The Colony, City of, TX
Carrollton, City of. TX Odessa, City of, TX Williston. City of NO
Mr. Heinz holds a MA degree in Public Administration from Texas Tech.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
5
BOB LONGMIRE, PIMP, PROJECT LEADER
Mr. Longmire has more than 10 years of project management experience and consulting for public employers,
specializing in employee development, classification, and compensation. He has served as National Sales
Director for Connexion Technologies and Brand Marketing Manager for Plink.
He has completed projects in job analysis, position classification, compensation surveys and plan development.
Among her consulting projects are those for:
Bell Gardens, City of, CA Plano, City of, TX Pitkin County, CO
Colton. City of, CA Salinas, City of CA San Bernardino, City of, CA
La Verne, City of, CA Greater Orlando Airport, FL Santa Ana, City of. CA
Monterey, City of. CA King County Library Systems, WA Sarasota-Bradenton Airport, FL
Mr. Longmire holds a BS degree in Administration from Colorado Christian University and designation as Project
Management Professional from the Project Management Institute.
WAYNE BREDE
Mr. Brede has over 30 years of experience working for the Minnesota Department of Transportation as a
Workforce Planning Manager and Staffing Services Manager, and has served as a succession planning and
career ladder consultant for nearly 50 public and private employers.
He has conducted projects in workforce development, succession planning, job analysis, position classification,
job evaluation, compensation surveys, compensation plan development, employee relations, and recruitment.
Among his recent client projects are those for:
El Paso County, TX Hamilton County, TN Red Lake Indian Reserv., MN
Fresno. City of. CA Las Cruces, City of, NM Rialto. City of, CA
Grand Forks. City of, ND Minot, City of, ND San Angelo, City of, TX
Great Falls, City of. MT Northwest Tech College, MN San Jose, City of, CA
Mr. Brede holds a BA degree in Mass Communications from the University of Minnesota and holds certificates in
Public Sector Personnel Management and Industrial Relations.
PUBLIC SECTOR PERSONNEL CONSULTANTS proposes to utilize only full time members of our firm to
complete all of the project tasks and objectives. In order to maintain complete control of the project tasks
and deadlines, we will not utilize subcontractors for the completion of the project.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6I20
6
PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
SCOPE: PROJECT APPROACH AND METHODOLOGY
SUMMARY OF SERVICES FOR THE CITY
PROJECT SCOPE, APPROACH AND TIMELINE
PUBLIC SECTOR PERSONNEL CONSULTANTS
SUMMARY OF SERVICES FOR THE CITY OF MONTEBELLO
PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPC) proposes the following program of consulting services
and implementation support to conduct a classification and compensation study.
Proiect Planning and Communication
1. Project planning and scheduling meeting with the City's Human Resources Staff and project designee(s)
2. Policy input and project direction meeting and briefing with Council, Human Resources and designee(s)
3. Project briefing presentation for all employees, Council, City officials, City's project leaders
4. Management and employee communication, progress reports throughout all project phases
Classification Project Tasks
5. Occupational familiarization by review of City's current class specifications and compensation plans
6. Organizational familiarization by review of City organization charts, budgets, and annual reports
7. Job Analysis Questionnaire (JAQ) customized for gathering City employee occupation data
8. Meetings to distribute and explain the JAQ and the project for all City officials and employees
9. Worksite job desk audits/field observations with representatives of each class (100 included)
10. Determination of job classification and FLSA Exempt / Non-Exempt designation for each position
11. Recommended title modifications and reclassifications for consideration by department heads
12. Review of position classification recommendations with City's project staff and respective departments
13. Preparation of updated class specs for each City job classification (est. 100, only bill what we write)
Custom and Comprehensive Market Compensation Surveys
14. Identification of City's competitive employment areas for compensation surveys, for City approval
15. Identification of City occupations to utilize as survey benchmark job classifications
16. Solicitation of comparator employers and agencies for participation in external compensation surveys
17. Extraction of data from public employer compensation plans, questionnaires, reliable published surveys
18. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs
19. Computation of extent City's compensation offerings vary from external prevailing rates and practices
20. Review of competitiveness analysis with Human Resources, City Officials and City's project designees
Compensation Plan Development
21. Construction of optional salary range structures for review and selection by City's project leaders
22. Assignment of job classes to salary ranges by internal equity and external competitiveness
23. Assistance with City Council identification of desired, affordable salary competitiveness policy
24. Fiscal impact estimates at various levels of external prevailing rates competitiveness policies
25. Review and critique of draft salary and implementation plans with Human Resources, project leaders
Communication of Results and Implementation Strategies
26. Preparation and presentation of final project reports for the City Council, staff, and City Officials
27. Development of a plan for the implementation of City's updated classification and compensation plan
28. Uploading of EZ COMPTm program files on a Human Resources Department computer, staff training
29. Development and provision of process for ongoing plan maintenance and subsequent plan updates
30. Assistance with communicating the City's updated plans for all City officials and employees
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
7
PROJECT APPROACH AND METHODOLOGY
Following is our overall work plan and approach to achieving the City's objectives for the conduct of a
classification and compensation study.
A. OBJECTIVES OF THE PROJECT
The recommended plans, programs, systems and administrative procedures will meet these ten most
important criteria.
- Internally equitable - Financially responsible
- Externally competitive - Efficiently administered
- Readily understood - Inclusive of employee input
- Easily updated & maintained - Reflective of City's values
- Legally compliant & defensible - Reflective of prevailing "best practices"
B. SCOPE OF THE PROJECT
The project could include: a management and employee communication plan; partnership with the City's
Human Resources staff, City Manager, Council, and project designee(s); occupational, organizational, and
operational familiarization; Job Analysis Questionnaire (JAQ) and job analysis for all classifications; worksite
job information interviews; position classification and job title recommendations for all employees and
classifications; FLSA designations; updated classification specifications; EZ COMP'"'; internal equity and
external competitiveness evaluation; salary and benefits compensation survey and competitiveness
analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios;
updated classification and compensation plan and classification and compensation plan implementation
support for all included employees in all job classifications.
C. PROJECT METHODOLOGY
1. QualitV Assurance
To ensure a high quality project, we have built in several layers of procedural and statistical controls, in
addition to those already in EZ COMPTM. Internally, we follow a prescribed series of steps in each
project phase, which are reviewed by our Project Director. We request that the Human Resources and
City's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects
the City's organizational values.
2. Project Planning Meetings and Communication Plan Development
We will consult with the Human Resources Director and City Officials or representatives on a
communication strategy, plan, and materials, beginning prior to the project and extending to the post-
project information meetings. We plan to conduct group pre-project meetings for all City officials and
employees where we will discuss the project's scope, answer questions, and distribute and explain the
Position Analysis Questionnaire.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
8
D. POSITION CLASSIFICATION ANALYSIS
1. Review of Essential Tasks—Job Analysis Questionnaire
We will review and analyze the current essential tasks, duties and responsibilities, and minimum
qualifications of each included position through the Position Analysis Questionnaire (JAQ) to be
completed by each employee (or group of employees with identical jobs) in print or electronic format. If
the information on the JAQ does not clearly delineate the position's scope of responsibilities, we may
return the JAQ to the position's incumbent for additional information, or focus on the data gap during a
worksite job information interview,
2. Employee Worksite Job Information Interviews (100 included)
We can conduct a worksite job information interview with a representative incumbent of every job
classification. The purpose of these interviews is to verify the data on the JAQ, obtain additional insight
into the scope and complexity of the job duties, observe technical processes and working conditions,
and to provide employees with an additional method of participation in the project. This process also
ensures that we make all internal and external comparisons on the basis of actual job content and not
merely job title.
3. FLSA Status Determination
We will review the essential tasks and minimum qualifications of each of the City's job classifications
and subject them to the Fair Labor Standards Act tests to determine their exempt or non-exempt status.
4. Position Classification
Each of the City's positions will be analyzed and evaluated to determine their primary characteristics,
including:
- Is there a current City occupational job group comprised of job classes with essential functions
similar to the subject position; if so:
- To which of the group's job classes, and at what level, are the subject position's essential functions
similar to the subject position, and if so:
- Are they sufficiently comparable (+/- 20% guideline) to be allocated to that job class, utilize the
same job title, require the same minimum qualifications, and be assigned to the same salary range.
- If the City does not currently have a sufficiently comparable job class, what should be the subject
position's occupational job class and title, and:
- What should the recommended occupational classification action be, No Change (N), Title Change
(T), Merge With Other Job Class (M), New Job Class (J).
- We may find that a job class is overly broad and encompasses several job activities which are
regarded with significant salary difference in the marketplace. In such an instance, we will
recommend "splitting" the job class into the current job class and a new job class which
encompasses the different job activities.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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5. Updated Classification Specifications (100 included)
We can prepare an updated class specification in the City's standard or other selected format for each
occupational job class. Focus will be on the Essential Functions and Minimum Qualifications. The
specifications or descriptions may include (not limited to) the following components:
Job Title — Definition Education, Training and Experience Physical Requirements
Distinguishing Characteristics Licenses and Certifications Non-Essential Functions
Essential Functions FLSA Exempt/Non-Exempt Status Mental Requirements
Desired Knowledge and Skills Supervision Exercise/Received Working Conditions
6. Draft Classification Plan Review with Human Resources and Department Heads
We will conduct a review of our initial position classification recommendations and draft job descriptions
with the City's Project Team and respective department heads to identify possible errors, obtain
feedback, and solicit suggestions for clarification.
7. Various Approaches to Ensure Internal Equity
If desired, and for precision in job class analyses, and subsequent salary range determinations, we may
utilize one of several job evaluation systems widely in use, including the Hay Method, Decision Band
Method (DBM), and the Factor Evaluation System (FES). FES is the most extensively validated and
commonly utilized quantitative job evaluation system for public sector occupations, consisting of the
following flexible compensable factors.
Knowledge Required Personal Contacts Complexity
Supervisory Controls Scope and Effect Work Environment
Guidelines Provided Supervision Exercised Physical Demands
The job class hierarchy based on job points will reflect the City's relative internal job worth values. The
City's annual salary competitiveness policy will be translated into a mathematical formula which, when
combined with the job points of each City job class, will determine the proper salary range for each job
class and position. This balances internal equity (job points relationships) with external competitiveness
(market relationship formula).
a. Optional Approach A — FES System— We will train a task force of representative City employees
in the adaptation of the FES point-factor job content evaluation system to the City's job worth
values, guide them in the evaluation of a structured benchmark of job classes, conduct QC
reviews, and evaluate the remaining job classes within the relative job worth structure established
by the task force. We can provide the City with manual or automated versions of this system.
b. Optional Approach B — Custom Designed System for the City — We will train and guide a task
force of representative City employees in the design of a point-factor system of job content
evaluation total reflecting the City's relative job worth values, and proceed as in Approach A. We
can provide the City with an automated version of the system once it has been developed with the
task force.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6120
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E. SURVEY AND COMPENSATION ANALYSIS
1. City Involvement in Compensation Plan Development
We will obtain policy direction from the City Council, Human Resources staff, and/or City Officials on the
following key components of the salary plan development process:
- Comparator Employer Selection - Job Evaluation Method-Salary Plan Linkage
- Benchmark Job Class Selection - Draft Compensation Plan Review/ Critique
- Compensation Competitiveness Policy - Total Compensation Points for Analysis
- Salary Structure Selection - Project Implementation Plan
2. Comprehensive Compensation Survey
We do not subscribe to or recommend the use of databases or data warehouses used or hosted by other
firms! We will collect the complete pay plans from each of the City's comparators and build a custom survey
database to ensure accuracy and completeness, unique to the City's job classifications.
a. Data Collection Protocol will be developed in consultation with the City's project leaders to
determine which salary data elements to include, such as:
Base Salary Information
Salary grade/step or open range salary plan structure
Salary range structure Minimum, Midpoint, and Maximum
Method of salary administration — longevity, performance, or skill
Additional Compensation Information (to be finalized with City representatives)
- City-supported benefits such as health insurance, pension contributions
- Supplemental pay items for special qualifications/certifications
- Individual or group incentive plans, bonus, awards, stipends
- Any additional add-pay or benefits items at City's direction
b. Benchmark Job Selection will be made by identifying City job classes common to its employment-
competitive public and private employers in the immediate area and throughout the region or State,
clearly identifiable, and representative of standard occupational job groups.
c. Comparator Employers Identification will be made in consultation with the City's Project
Manager(s) or City Council. Criteria include their degree of competition to the City in obtaining and
retaining high quality staff, their location in the City's traditional recruitment areas, and their
organizational size and complexity.
d. Compensation Data Collection will be made by one or more of the following methods.
- Pre-survey contact with the selected comparator employers to solicit participation in the City's
compensation survey(s)
- Extraction from the pay plans of designated public employers.
- Customized salary and total compensation and benefits survey requests for local governments
and other public employers, distributed by mail, fax, and e-mail.
- As desired, additional data extraction from established salary surveys and commercial survey
sources such as Watson Wyatt, ERI, APTA (transit), etc.
e. Data Quality Control includes editing data for accuracy and proper matching to the City's survey
benchmark jobs, and phone/fax/E-mail follow-ups for data clarification and to obtain comparators'
benchmark job descriptions.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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3. Prevailing Rates Calculation
We will consolidate the compensation data from all sources, enter the information into the EZ COMPTM
program, and compute the prevailing rates, inclusive of cost of living differentials, as the statistical mean
of the survey data for each benchmark job class. Data will be projected forward from the date of
collection to a common date relating to the City's salary plan year by the annual Prevailing Rate
Increase Factor(PRI) applicable at that time.
4. Compensation Competitiveness Comparison
We will provide the City with charts comparing its current salary structures to those of the selected
public and private comparator employers. We will calculate the extent that the City's offerings vary from
the prevailing rates and practices of other relevant employers.
5. Compensation Competitiveness Policv
We will assist the City to select a compensation competitiveness policy which best fits its compensation
strategy and financial resources, by providing fiscal impact estimates at various percentage
relationships to the prevailing rates.
6. Salary Plan Structure Development
We will review the City's current wage plans and 1) utilize the City's current wage plan structures to
identify internally equitable and externally competitive salary ranges for each City job class or 2) prepare
alternative salary range structures and schedules for the City to select the best fit for its competitiveness
strategy, with these optional criteria:
- Method of administration, i.e.: measured job performance, longevity, or skill
- Width of the salary ranges, grades, or broad bands, from Minimum to Maximum
- Varying salary range widths for FLSA non-exempt or exempt positions
- Open salary ranges for pay-for-performance or variable compensation plan
- If steps within the salary ranges, number of steps, percentage separation
- Number of salary ranges, grades, or broad bands in the salary schedule
- Percentage of separation between salary ranges, grades or broad bands
- Recognition for longevity, unique assignments, and special skill requirements
- Remuneration for required special licenses, certifications and registrations
- Linkage of performance evaluations to performance increase opportunities
7. Salary Range Assignment Development
We will assign each job classification to a salary range in the City's current or selected new salary
structure on the basis of a combination of factors, including:
- the prevailing rates for the benchmark job classes
- its current relationship to similar or occupationally related job classes
- the 15% guideline for salary range separation between sequential job classes
- the 25% guideline for salary separation of a department head job class
8. Implementation Plan Development
We will consult with the Human Resources and Project Team on a plan for transition to the
recommended plan, including a timetable for the principal activities, employee communication, impact
on budget processes, and estimates of required financial resources.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6120
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F. ENSURING THE CITY'S SELF-SUFFICIENCY
The City will be self-sufficient in all aspects of maintenance of the updated position classification and
compensation plan through these services.
1. Procedure Manuals
- PSPC Position Classification Procedure Guide
- PSPC Salary Administration Procedure Guide
- City of Montebello EZ COMPTM Procedure Guide
2. Traininq Workshop — for City staff in position classification, job evaluation, compensation surveys, and
compensation plan design and administration.
3. Electronic Class Specification Library — we can provide the City with all updated classification
specifications in hard copy and electronic library format for internal maintenance.
4. EZ COMPTM — program and project files on one of the City's computers, a custom user's manual, and
system training for key City and Human Resources staff.
5. Initial Year's Implementation Warranty Support — we will analyze, evaluate, classify, and provide a
salary range recommendation for any new or changed position or entire job classification, at no cost to
the City for one year.
G. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION
Very important factors for successful implementation of new or updated classification and compensation
plans are 1) extensive employee inclusion, and 2) extensive employee communication. City officials and
employees will participate in one or more of the following activities:
- Attending pre-project briefings and question and answer sessions
- Completing a Position Analysis Questionnaire (JAQ) describing their position
- Elaborating on their jobs in individual or group job information interviews
- Requesting a second review of their position's occupational job classification
- Receiving information pamphlet/booklet describing the updated salary plan
H. MINIMAL CITY SUPPORT REQUIRED
We are completely self-sufficient in projects of this nature and do not require any substantive staff support
from the City other than payroll data, and arrangements for group and individual meetings and interviews.
We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office
equipment. We will provide all data entry, data processing, duplicating, and related report preparation
functions.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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1. REPORTS AND PRESENTATIONS
1. Draft and Final Report Preparation
We will provide the City's project leader(s) with a draft of our report for review and critique, including
the classification plan, compensation market data, salary comparison tables, fiscal estimates, salary
range listings, and implementation procedures. We will incorporate their critique into the development
of a final report summarizing the project's findings, recommendations, and detailed description of the
City's updated position classification and compensation plans.
2. Final Report Presentations
We will conduct a workshop or formal presentation of our final report and recommendations to the
Human Resources staff, City Officials, and employees.
3. EZ COMPTM Program Installation
We will install our EZ COMPTM program and project files on one of the Human Resources
Department's computers and provide training to key staff in the maintenance and update of the
classification and compensation plan.
4. Implementation Warranty
To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary
range recommendation for any new or changed job class, at no cost to the City for one year.
ESTIMATED PROJECT ELAPSED TIME CHART
TASK NAME ELAPSED WEEKS: 1 4 a 12 16 20-
1. PROJECT COMMUNICATION,
QUALITY ASSURANCE.
PROJECT STATUS REPORTS
2 JOB INFO INTERVIEWS WI STAFF,
ORGANIZATIONAL DATA COLLECTION
CLASSIFICATION RECOMMENDATIONS
a. POSITION CLASSIFICATIONIEVALUATION;
HR STAFF QUALITY ASSURANCE REVIEW;
DRAFT REVIEW WITH HR,DEPTS
4. PREPARATION OF UPDATED CLASS '
SPECIFICATIONS AND REVIEWS WITH
DEPARTMENTS,FINALIZATION
^COMPENSATION SURVEYS,BENCHMARK
5. SELECTION,DATA COLLECTION,
COMPARABILITY ASSURANCE REVIEW
6. PREVAILING RATES COMPUTATION,
MARKET COMPETITIVENESS ANALYSIS,
DRAFT COMPENSATION METHODOLOGY
7. SALARY RANGE ASSIGNMENTS ON BASIS
OF INTERNAL EQUITY AND EXTERNAL -J
_ COMPETITIVENESS
8. SALARY RANGE TABLES,FISCAL IMPACT
ESTIMATES.REVIEW OF DRAFT PLANS
WITH CITY OFFICIALS,DESIGNEE(S)
PREPARATION AND PRESENTATION OF
9. FINAL REPORT TO HR.COMMITTEES,,
EXECUTIVE TEAM,EMPLOYEES
10. EZ COMP"INSTALLATION,STAFF
TRAINING ONE YEAR OF LLASSICOMP
PLAN IMPLEMENTATION ASSISTANCE
Progress reviews with the City
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
CLIENT REFERENCES
PUBLIC SECTOR PERSONNEL CONSULTANTS
REPRESENTATIVE PROJECT REFERENCES
Following is a listing of agencies which are representative of more than 1,100 employers, for whom members of
our firm have services similar to those requested by the City.
WESTLAKE VILLAGE, CITY OF, CA SAN JUAN CAPISTRANO, CITY OF, CA
Ms. Audrey Brown, Assistant City Manager Mr. Sam Penrod, HR / Risk Manager
31200 Oak Crest Drive 32400 Paseo Adelanto
Westlake Village, CA 91361 San Juan Capistrano, CA 92675
(818) 706-1613 (949) 234-4565
audrey(o)wlv.org SPenrod(a)sanivancapistrano.org
FY 2018 Class and Comp Study Classification and FY 2017 Compensation Study
SCOTTSDALE, CITY OF, AZ SALINAS, CITY OF, CA
Ms. Donna Brown, HR Director Mr. Jim Pia, Assistant City Manager
9191 E. San Salvador Drive 200 Lincoln Avenue
Scottsdale, AZ 85258 Salinas, CA 93901
(480) 312-2615 (831) 758-7201
DBrown(o)scottsdaleaz.gov jimp(o)ci.salinas.ca.us
FY 2018 Class and Compensation Study FY 2018 Classification Study
FY 2016 Total Compensation Study
WOODLANDS TOWNSHIP, TX FRISCO, CITY OF, TX
Ms. Susan Welbes, HR Director Ms. Lauren Safranek, HR Director
2801 Technology Forest Blvd. 6101 Frisco Square Boulevard
Woodlands, TX 77381 Frisco, TX 75034
(281) 201-3800 (972) 292-5210
swelbes(Dthewoodlandstownship-tx.gov Isafranek(o)friscotexas.gov
FY 2020 Compensation Study FY 2017 Salary and Benefits Survey and Pay Plan
2014 Surveys; Annual Salary Survey Update Support;
Position Classification and FY 2002 Salary Plan
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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PROPOSAL TO CONDUCT A CITYWIDE
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE CITY OF MONTEBELLO
FEE PROPOSAL
PUBLIC SECTOR PERSONNEL CONSULTANTS
PROJECT RATES BY MAJOR TASK
A. PROJECT COST ESTIMATE
We estimate that the project's total cost, including all fees for professional services and reimbursement for
out-of-pocket expenses, will not exceed the indicated amounts.
Major Project Components — Classification Study'
- Planning Meetings, Kick Off, Communication $5,000
- Job Information Interviews/ Desk Audits (100 included) $ 10,000
- Position Classification, Job Titling, FLSA $5,000
- Updated Job Descriptions/Class Specifications (100 included) $ 10.000
Classification Study: $ 30,000
Major Project Components — Compensation Study
- Total Compensation Survey $30,000
- Pay Plan Modeling, Implementation Options and Costing $ 7,500
- Reporting and Presentations $ 2,500
Compensation Study: $ 40,000
Total Not To Exceed: $70,000
B. FLEXIBLE WORK PLAN, NEGOTIABLE TOTAL COST, TERMS
Our work plan is Flexible and total project cost negotiable, and we will discuss, modify, add or delete, any
work task to increase the project's responsiveness to the City's needs and financial resources. We will
provide the City with monthly invoices for the professional services provided and out-of-pocket expenses
incurred during the month. We request that the City pay the invoices within thirty (30) days of their receipt.
C. ESTIMATED TIMELINES
We estimate that the project can be completed within 120 days of initial project planning; preparation of class
specifications occasionally takes additional time.
CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20
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PROFESSIONAL SERVICES AGREEMENT
CITY OF MONTEBELLO PROFESSIONAL SERVICES
AGREEMENT NO. 3804
BY AND BETWEEN CITY OF MONTEBELLO
AND
PUBLIC SECTOR PERSONNEL CONSULTANTS
THIS AGREEMENT ("Agreement") is made and entered into on August 13,
2020. by the CITY OF MONTEBELLO, a municipal corporation (hereinafter
referred to as "CITY") and (NAME OF CONSULTANT] (hereinafter referred to as
"CONSULTANT'). CITY and CONSULTANT are sometimes referred to herein
individual as a "Party," and jointly as the "Parties."
RECITALS
WHEREAS, City proposes to utilize the services of Consultant as an
independent contractor to City to complete the City's Classification and Total
Compensation Study, as more fully described herein; and
WHEREAS, CONSULTANT represents the degree of specialized expertise
contemplated within California Government Code, Section 37103, and is qualified
to perform such services by virtue of its experience and the training, education and
expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within
the provisions of Sections 1090 — 1092 of the California Government Code, in the
subject matter of this Agreement; and
WHEREAS, CONSULTANT responded to CITY's Request for Proposals
dated April 23, 2020 (RFP No. 20-12), as such is set forth fully in Exhibit "A"
hereto and incorporated fully herein' by this reference (hereinafter "Consultant
Proposal").
NOW THEREFORE, in consideration of performance by the Parties of the
covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONSULTANT shall provide to CITY those services that are set forth
fully in the Scope of Services, as such is set forth fully in Exhibit "A" hereto and
incorporated fully herein by this reference (hereinafter"Professional Services").
B. CONSULTANT shall complete the Scope of Services within the time
set forth in the Schedule of Performance, as such is set forth in Exhibit "B" hereto
and incorporated fully herein by this reference.
B. CONSULTANT shall be compensated a sum not-to-exceed (the
"Maximum Compensation") for performance of the Professional Services as set
forth in the Schedule of Compensation attached hereto as Exhibit "C" and
incorporated fully herein by this reference ("Compensation"). CONSULTANT shall
provide an itemized billing statement to CITY each month for Professional Services
performed. CONSULTANT shall not incur fees or costs which exceed the
Maximum Compensation without the prior written consent of CITY-
C. CITY will be invoiced at the end of the first billing period following
commencement of work and at the end of each billing period thereafter. Payment
in full of an invoice must be received by CONSULTANT within thirty (30) days of
the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as
and when invoiced unless CITY objects within fifteen (15) days of invoice date by
written notice specifically stating the details in which CITY believes such work is
incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay
undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30)
days of the date thereof subjects this agreement and the work herein contemplated
to suspension or termination at CONSULTANT's discretion.
SECTION 2. TERM.
This Agreement shall commence upon the date the last of the Parties
executes this Agreement herein below ("Effective Date"), and shall terminate upon
completion of the Scope of Services set forth herein, unless terminated sooner as
provided in Section 7 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive
for three (3) years following the expiration or termination of this Agreement.
SECTION 3. PERFORMANCE.
A. CONSULTANT shall at all times, faithfully, competently, and to the
best of its ability, experience and talent; perform all tasks described herein.
B. CONSULTANT shall employ, at a minimum, generally accepted
standards and practices utilized by companies engaged in providing similar
services, as are required of CONSULTANT hereunder; in meeting its obligations
under this Agreement.
C. CONSULTANT shall be knowledgeable of and subject to all CITY
ordinances, rules and regulations, standard operating procedures, and the
supervisory chain of command.
D. CONSULTANT shall have the right to retain, subject to CITY's written
approval, additional individuals, consultants or subcontractors to assist in the
completion of services as herein defined. Compensation for additional individuals,
consultants or subcontractors shall be the sole and exclusive responsibility of
CONSULTANT.
E. CONSULTANT shall maintain full and accurate records with respect
to all matters covered under this Agreement for a period of three (3) years, unless
otherwise provided for in Exhibit "A." Upon CITY providing twenty-four (24) hours
advanced prior notice, CONSULTANT shall make all records, invoices, time cards,
cost control sheets and other records maintained by CONSULTANT in connection
with this Agreement available during CONSULTANT's regular working hours to
CITY for review and audit by CITY.
F. All reports, documents or other written material developed by
CONSULTANT in the performance of this Agreement shall be and remain the
property of CITY without restriction or limitation upon its use or dissemination by
CITY. Such material shall not be the subject of a copyright application by
CONSULTANT. Any alteration or reuse by CITY of any such materials on any
project other than the Project shall be at CITY's sole risk. unless CITY
compensates CONSULTANT for such reuse.
SECTION 4. WORK PRODUCT.
A. CONSULTANT hereby agrees that all work produced pursuant to this
Agreement, and provided to CITY during and upon completion of this Agreement,
shall be the property of CITY, and ownership of said work product shall be retained
by CITY. CONSULTANT may take and retain copies of such written products as
desired.
B. All data, documents, discussion, or other information developed or
received by CONSULTANT or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by CONSULTANT without prior
written consent by CITY. CITY shall grant such consent if disclosure is legally
required. All such written products shall be returned to CITY upon the termination
or expiration of this Agreement. CONSULTANT agrees that the covenants
contained in this Article shall survive the expiration or termination of this
Agreement.
C. Documents are provided in CONSULTANT's standard software
formats. CITY recognizes that electronic or magnetic data and its transmission can
be easily damaged, may not be compatible with CITY's software formats and
systems, may develop inaccuracies during conversion or use, and may contain
viruses or other destructive programs, and that software and hardware operating
systems may become obsolete. As a condition of delivery of electronic or magnetic
data, CITY agrees to defend indemnify and hold CONSULTANT, its sub-
contractors, agents and employees harmless from and against all claims, loss,
damages, expense and liability arising from or connected with its use, reuse,
misuse, modification or misinterpretation. In no event shall CONSULTANT be liable
for any loss of use, profit or any other damage.
SECTION 5. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by
CONSULTANT under this Agreement unless such extra services first shall have
been duly authorized in writing by CITY's City Administrator (''City Administrator").
SECTION 6. CITY SUPERVISION.
The City Administrator shall have the right of general supervision of all work
performed by CONSULTANT and shall be CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment for services rendered under
this Agreement shall be made without the prior approval of the City Administrator.
SECTION 7. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, the non-
defaulting party shall give the defaulting party written notice of the default, the
nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the
Agreement are violated by either party, the non-defaulting Party may terminate the
Agreement by serving written notice upon the other Party, listing the violation(s)
and its intent to terminate such Agreement unless within ten (10) days after the
serving of such notice, such violation shall cease or be rectified, the contract shall
upon the expiration of an additional thirty (30) days cease and terminate.
Violations by CONSULTANT which cannot be corrected within ten (10) days, said
contract shall at the option of CITY cease and terminate upon the giving of like
notice. In the event of any such termination for default by CONSULTANT, CITY
may take over the work and prosecute the same to completion by contract or
otherwise for the account and at the expense of CONSULTANT. CONSULTANT
and his sureties shall be liable to CITY for any excess cost occasioned in the event
of any such termination. This change shall not be construed to prevent the
termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, CONSULTANT shall only be entitled to the
Compensation for those Professional Services satisfactory performed on or before
the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole
discretion and without cause, to terminate this Agreement in whole, or in part, after
giving written notice to CONSULTANT at least five (5) business days before the
termination is to be effective. Upon the termination of this Agreement as provided
herein, CITY shall provide to CONSULTANT the part of Compensation which
would otherwise be payable to CONSULTANT for services CONSULTANT had
completed as of the date of termination, less the amount of all previous payment
with respect to the Compensation. Further, upon such a termination for
convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed
for any "non-refundable" costs that CONSULTANT has incurred for its services
under this Agreement, provided that: (1) such "non- refundable" costs were
incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT
provides CITY with adequate proof that CONSULTANT incurred the costs, and is
unable to be seek a refund for such costs; and (3) such costs were within the
scope of work or services to be performed under this Agreement. Such "non-
refundable" costs may include, but are not limited to, travel reservations incurred
by CONSULTANT for its performance of services under this Agreement.
CONSULTANT agrees to cease all work under this Agreement on or before the
effective date of any notice of termination.
SECTION 6. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONSULTANT during
the Term of this Agreement.
SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONSULTANT
in the event of any default or breach by CITY, or for any amount which may
become due to CONSULTANT.
SECTION 10. INDEPENDENT CONTRACTOR.
A. CONSULTANT is and shall, at all times, remain as to CITY a wholly
independent contractor. Neither CITY nor any of its elected officials, officers,
employees or agents shall have control over the conduct of CONSULTANT except
as expressly set forth in this Agreement. CONSULTANT shall not at any time or in
any manner represent that he is in any manner an elected official, officer,
employee or agent of CITY. No employee benefits shall be available to
CONSULTANT in connection with the performance of this Agreement. Except as
provided in this Agreement, CITY shall not pay salary, wages, or other
compensation to CONSULTANT for performance hereunder for CITY. CITY shall
not be liable for compensation to CONSULTANT, CONSULTANT's employees or
CONSULTANT's subcontractors for injury or sickness arising out of performing
services hereunder.
B. The parties further acknowledge and agree that nothing in this
Agreement shall create or be construed to create a partnership, joint venture,
employment relationship or any other relationship except as set forth in this
Agreement.
C. CITY shall not deduct from the Compensation paid to CONSULTANT
any sums required for Social Security, withholding taxes, FICA, state disability
insurance or any other federal, state or local tax or charge which may or may not
be in effect or hereinafter enacted or required as a charge or withholding on the
compensation paid to CONSULTANT. CITY shall have no responsibility to provide
CONSULTANT, its employees or subcontractors with workers' compensation
insurance or any other insurance.
SECTION 11. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONSULTANT or any employee, agent, or
subcontractor of CONSULTANT providing services under this Agreement claims or
is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an
employee of CITY, CONSULTANT shall indemnify; defend, and hold harmless
CITY for the payment of any employee and/or employer contributions for PERS
benefits on behalf of CONSULTANT or its employees, agents, or subcontractors,
as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule,
regulation, law or ordinance to the contrary, CONSULTANT and any of its
employees, agents, and subcontractors providing service under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any claims to,
any compensation, benefit, or any incident of employment by CITY, including but
not limited to eligibility to enroll in PERS as an employee of CITY and entitlement
to any contribution to be paid by CITY for employer contribution and/or employee
contributions for PERS benefits.
SECTION 12. LEGAL RESPONSIBILITIES.
CONSULTANT shall at all times observe and comply with all applicable
laws, ordinances, codes and regulations of the federal, state and local
governments including, but not limited to the Montebello Municipal Code. CITY,
and its appointed or elected officers, employees, or agents, shall not be liable at
law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 13. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold
harmless, CITY, its elected and appointed boards, officers, officials, employees,
agents and volunteers from and against any and all claims, demands, lawsuits,
defense costs, civil, penalties, expenses, causes of action, and judgments at law or
in equity, or liability of any kind or nature which CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers may sustain or incur
or which may be imposed upon them for injuries or deaths of persons, or damage
to property arising out of CONSULTANT'S negligent or wrongful act, or omission
under the terms of this Agreement, except only liability arising out of the sole
negligence of CITY.
SECTION 14. INSURANCE COVERAGE.
During the Term of this Agreement, CONSULTANT shall carry, maintain,
and keep in full force and effect all of the following minimum scope of insurance
against claims for death or injuries to persons or damages to property that may
arise from or in connection with CONSULTANT's performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Broad-form, Insurance
Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily
injury and property damage, including premise-operations, products-completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury or bodily injury, and advertising injury, with limits no
less than Two Million Dollars and Zero Cents ($2,000,000), combined single
limits, per occurrence. If a general aggregate limit applies, the limit shall be twice
the required occurrence limit.
• Business Automobile Liability Insurance: For owned vehicles,
hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero
Cents (S1,000,000.00) per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the
State of California, with Statutory Limits, and Employer's Liability Insurance with
limit of no less than One Million Dollars and Zero Cents (S1,000,000.00) per
accident for bodily injury or disease. CONSULTANT agrees to waive, and to
obtain endorsements from its workers' compensation insurer waiving subrogation
rights under its workers' compensation insurance policy against CITY, its elected
and appointed boards, officers, officials, employees, agents and volunteers for
losses arising from work performed by CONSULTANT for CITY and to require
each of its subcontractors, if any, to do likewise under their workers' compensation
insurance policies.
By executing this Agreement, CONSULTANT further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work contemplated herein.
• Professional Errors and Omissions (E&O) Liability insurance
appropriate to the CONSULTANT's profession, with limit no less than Two Million
Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million
Dollars and Zero Cents ($2,000,000.00) aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is written as
a "claims made" policy, the retroactivity date shall be prior to the start of work set
forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance
during the Term of this Agreement and for five (5) years after completion of work
hereunder. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of this
Agreement, CONSULTANT shall purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the work.
If CONSULTANT maintains higher limits than the minimums shown above,
CITY requires and shall be entitled to coverage for the higher limits maintained by
CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its subcontractors, if any, to maintain
insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California, with a current rating of at least A:VII in
the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be
canceled, except after providing CITY thirty (30) days' (or ten [10] calendar days'
for non-payment) prior written notice. CONSULTANT agrees that if it does not
keep the aforesaid insurance in full force and effect CITY may either: (i)
immediately terminate this Agreement for Cause; or (ii) take out the necessary
insurance and pay, at CONSULTANT'S expense, the premium thereon.
At all times during the Term of this Agreement, CONSULTANT shall
maintain on file with CITY's Risk Manager a certificate or certificates of insurance
showing that the aforesaid policies are in effect in the required amounts and
naming CITY, its officers, agents, employees and volunteers as an additional
insured. CONSULTANT shall, prior to commencement of work under this
Agreement, file with CITY's Risk Manager such cert'rficate(s).
CONSULTANT shall provide proof that policies of insurance required herein
expiring during the Term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Such proof will be furnished at
least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming CITY, its elected and appointed
boards, officers, officials, employees, agents and volunteers as additional insureds.
All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30)
days' prior written notice to CITY. CONSULTANT agrees to require its insurer to
modify the certificates of insurance to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
and to delete the word "endeavor" with regard to any notice provisions.
Except for professional liability and workers' compensation policies, the
policies herein are primary and non-contributing with any insurance that may be
carried by CITY. Any insurance or self-insurance maintained by CITY, its officers,
employees, agents or volunteers, shall be in excess of CONSULTANT's insurance
and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not
prohibit CONSULTANT, and CONSULTANT's employees, agents or
subcontractors, from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not CITY has
received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of
the policies contemplated herein, shall not affect coverage provided to CITY, its
elected and appointed boards, officers, officials, employees, agents and
volunteers.
Coverage applies separately. CONSULTANT's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved
by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the
deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall
procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONSULTANT shall not be construed as a
limitation of CONSULTANT's liability or as fall performance of CONSULTANT's
duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in
law or in equity occasioned by failure of CONSULTANT to comply with this section.
CITY reserves the right to modify these requirements, including limits, based
on the nature of risk, prior experience, insurer, coverage, or other special
circumstances.
SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONSULTANT shall not subcontract, delegate or assign its duties or rights
hereunder, either in whole or in part, without the prior written consent of CITY. Any
proposed subcontract, delegation, or assignment shall provide a description of the
services to be covered, identification of the proposed sub-contractor, delegee, or
assignee, and an explanation of why and how the same was selected, including
the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of
CONSULTANT and shall not bind or purport to bind CITY and shall not release
CONSULTANT from any obligations under this Agreement including, but not
limited to, the duty to properly supervise and coordinate the work of employees,
assignees, delegees or sub-contractors. No such subcontract, delegation or
assignment shall result in any increase in the amount of total compensation
payable to CONSULTANT under the Agreement.
SECTION 16. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other term, condition or covenant
hereof.
SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this
Agreement shall, to the extent reasonably feasible, be resolved through good faith
negotiations between the Parties. If any action at law or in equity is brought to
enforce this Agreement or because of alleged dispute, breach, default or
misrepresentation in connection with the provisions of this Agreement, the
prevailing party in such action shall be entitled to reasonable attorney's fees,
expert fees, costs and necessary disbursements incurred in that action or
proceeding, in addition to such other relief as may be sought and awarded. The
venue for any litigation shall be County of Los Angeles, California. The Parties
agree that the covenants contained in this Article shall survive the expiration or
termination of this Agreement.
SECTION 18. ATTORNEY'S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of
this Agreement, the prevailing party in such litigation shall be entitled to an award
of reasonable attorney's fees and costs in addition to any other relief to which it
may be entitled.
SECTION 19. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with
respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement,
knows the contents thereof, and has relied solely on the statements expressly set
forth herein and has placed no reliance whatsoever on any statement,
representation, or promise of any other party, or any other person or entity, not
expressly set forth herein, nor upon the failure of any other party or any other
person or entity to make any statement, representation or disclosure of any
matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into
this Agreement, and that the person executing this Agreement on behalf of either
party has the full right and authority to fully commit and bind such party to the
provisions of this Agreement.
SECTION 20. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included
for purposes of convenience only and shall not control or affect the construction of
interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender, and the neuter
and vice versa.
C. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this
Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of
which taken together shall be but one and the same Agreement. Any signed copy
of this Agreement or of any other document or agreement referred to herein, or
copy or counterpart thereof, delivered by facsimile transmission, shall for all
purposes be treated as if it were delivered containing an original manual signature
of the party whose signature appears in the facsimile and shall be binding upon
such party in the same manner as though an originally signed copy had been
delivered.
F. Each of the parties acknowledges that it has been represented
by independent counsel of its own choosing, or if it has not been so represented, it
has been admonished to obtain independent counsel and has freely and
voluntarily waived and relinquished the right to counsel. Each party who has
not obtained independent counsel acknowledges that the failure to have
independent legal counsel will not excuse such party's failure to perform under this
Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and
those set forth in any exhibits or attachments hereto, the terms of this Agreement
shall govern.
SECTION 21. NOTICE.
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as
hereinafter provided. All notices, demands, requests, or approvals hereunder shall
be given to the following addresses or such other addresses as the Parties may
designate by written notice:
CITY ADMINISTRATOR CONSULTANT
City of Montebello Public Sector Personnel
Consultants
1600 West Beverly Boulevard 149 S. Barrinqton Ave., #726
Montebello. Califomia 90640 Los Angeles, CA 90049
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, CONSULTANT shall not discriminate
against any employee, sub-contractor, or applicant for employment because of
race, color, creed, religion, sex, marital status, national origin, ancestry, age;
physical or mental handicap, mental condition or sexual orientation.
CONSULTANT will take affirmative action to ensure that sub-contractor and
applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition or sexual
orientation.
SECTION 23. CONFLICT OF INTEREST.
CONSULTANT and its officers, employees, associates and subconsultants,
if any, shall comply with all California conflict of interest statutes applicable to
Consultant's Services under this Agreement, including, but not limited to, the
Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section
1090. CONSULTANT further covenants that it presently has no interest and shall
not acquire any interest, direct or indirect, which may be affected by the services
to be performed by CONSULTANT under this Agreement, or which would conflict
in any manner with the performance of its services hereunder. CONSULTANT
further covenants that, in performance of this Agreement, no person having any
such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the
appearance of having any interest that would conflict in any manner with the
performance of its services pursuant to this Agreement.
CONSULTANT covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a
result of the performance of this Agreement, or the services that may be procured
by CITY as a result of the recommendations made by CONSULTANT.
CONSULTANT's covenant under this section shall survive the termination of this
Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and
CONSULTANT. Any prior agreements, promises, negotiations or representations
not expressly set forth herein are of no force or effect. Subsequent modifications to
this Agreement shall be effective only if in writing and signed by each party. If any
term, condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall be valid and binding.
CITY OF MONTEBELLO CONSULTANT
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Rene Bobadilla Matthew Weather
City Manager President
Dated: Dated:
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ATTEST:
Irma Barajas
City Clerk p M1
APPROVED_ S T - .FORM
Miold M. Alvarez-Glasman
City Attorney
Switzer, Donna
From: Fikes, Cathy
Sent: Thursday, March 11, 2021 5:08 PM
To: Agenda Alerts
Subject: FW: Council Agenda Item n14 - Public Sector Personnel Consultants, Inc.
From: Gino J. Bruno <gbruno@socal.rr.com>
Sent: Thursday, March 11, 2021 4:43 PM
To: Chi, Oliver<oliver.chi@surfcity-hb.org>
Cc: CITY COUNCIL<city.council@surfcity-hb.org>; Gates, Michael<Michael.Gates@surfcity-hb.org>
Subject: Council Agenda Item #14 - Public Sector Personnel Consultants, Inc.
Mr Chi Item 14 on the City Council Agenda for this Monday evening is to approve spending $175,000 to
hire the Mesa, AZ-based-consultant. Public Sector Personnel Consultants. Inc to conduct a Class & Comp
study
Please provide me with a copy of the RFP for this project
If your Administration failed to issue an RFP. and is relying instead on HBMC §3.02 190(C)2 [which
requires utilizing a "contract for identical or nearly identical goods and/or services'] by using the
Montebello contract then. in that event
o In Montebello, the Classification Study portion was $30,000, and the Compensation Study
portion was $40.000. for a Total Not To Exceed of $70.000
o How do you justify not using the standard RFP process with the huge disparagement (two and a
half times the amount) between S70.000 and $175.000 which clearly cannot be for "identical or
nearly identical goods and/or services"?
I note that HBMC §3 02 190(C)2 reads in full
The Purchasing/Central Services Manager may authorize the procurement of goads and/or services through the
use of a contract initiated by another governmental, public or quasi-public entity, provided that the original parties
to the contract agree the contract was awarded The contract is for identical or nearly identical goods and/or
services, and the contract resulted from a competitive bid using methods similar to those required by this chapter
Thank you, and I look forward to your response as I hope the City Council does as well.
Gino J Bruno
Huntington Beach
SUPPLEMENTAL
COMMUNICATION
Meetwig Date: &IISI-&- 2/ l
Agenda Item No.;
t
Switzer, Donna
From: Fikes, Cathy
Sent: Monday, March 15, 2021 8:40 AM
To: Agenda Alerts
Subject: FW: Council Agenda Item #14 - Public Sector Personnel Consultants, Inc.
From: Chi, Oliver<oliver.chi@surfcity-hb.org>
Sent: Sunday, March 14, 2021 4:34 AM
To: Gino J. Bruno <gbruno@socal.rr.com>
Cc: CITY COUNCIL<city.council@surfcity-hb.org>; Gates, Michael <Michael.Gates@surfcity-hb.org>
Subject: RE: Council Agenda Item #14 - Public Sector Personnel Consultants, Inc.
Hi Gino!
Happy Sunday, hope that you are well
Appreciate you looking into this matter, after receiving your email, I did do some addition review as to how we procured
the services for our class and comp review.
As you noted, per HBMC 43.02.190(C)2, the Purchasing Manager can authorize procurement of goods/ services utilizing
a piggy-back process off of another contract award. Our Administrative Services team had initially looked to issue an
RFP, however, our Finance Director and purchasing officer suggested that we procure services through identification of
firms that had been awarded bids through procurement processes in other jurisdictions. Through that process, our
Administrative Services staff was provided with a listing of eligible firms to complete the class/comp review, and
ultimately, Public Sector Personnel Consultants, Inc., was identified as the firm to coordinate the work for the City.
The actual process of conducting a class/comp review is actually fairly standard between governmental agencies.To
that end, the service being requested in HB for the review is identical in nature to the service that Montebello
coordinated. The difference in price takes into account not a different type of service, but a difference between the size
/scale of HB as an agency compared to Montebello. A few notes to support that assertion:
• Montebello has around 380 FTE, while Huntington Beach has around -900 FTEs.
• We have-350 unique job classifications in HB, while Montebello has a total of 280 employees.
• Given the number of classifications and staff members, we anticipate the review taking -270 days to complete in
HB. In Montebello, it took 120 days.
The price difference between what HB is being charged and what Montebello paid isn't related to a difference in the
service being provided, but rather, a difference in scale/ scope. I'd also note that Public Sector Personnel Consultants,
Inc., has performed work for larger agencies like HB, including:
• City of San Bernardino -$150,000
• City of Riverside $125,000 (only Service Employees International Union employees)
• City of Dallas, TX -$225,000 3UPPLEMENTAL
• City of Irving, Tx -$172,500 rQMMUNICATION
• City of Victoria, TX - $125,000
Hope you have a good rest of the weekend Gino. mm" Cam: ` 115 —1/
t ;pave hsm No. /`/('7/-
Best,
Oliver
Oliver Chi
City Manager
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach,CA 92648
Office: (714)536-5575
Cell: (310)663-9837
From: Gino J. Bruno<gbruno@socal.rr.com>
Sent: Thursday, March 11, 20214:43 PM
To: Chi, Oliver<oliver.chi@surfcity-hb.org>
Cc: CITY COUNCIL<city.council@surfcity-hb.org>; Gates, Michael <Michael.Gates@surfcity-hb org>
Subject: Council Agenda Item #14-Public Sector Personnel Consultants, Inc.
Mr Chi Item 14 on the City Council Agenda for this Monday evening is to approve spending $175.000 to
hire the Mesa. AZ-based-consultant, Public Sector Personnel Consultants. Inc . to conduct a Class & Comp
study
Please provide me with a copy of the RFP for this project
If your Administration failed to issue an RFP, and is relying instead on HBMC §3.02.190(C)2 (which
requires utilizing a "contract Jor identical or nearly identical goods and/or services'] by using the
Montebello contract then, in that event
o In Montebello. the Classification Study portion was $30.000, and the Compensation Study
portion was $40,000 for a Total Not To Exceed of S70.000
o How do you justify not using the standard RFP process with the huge disparagement (two and a
half times the amount) between S70.000 and S175.000 which clearly cannot be for `identical or
nearly identical goods and/or services'?
I note that HBMC §3.02 190(C)2 reads in full:
The Purchasing/Central Services Manager may authorize the procurement of goods and/or services through the
use of a contract initiated by another governmental, public or quasi-public entity, provided that the original parties
to the contract agree, the contract was awarded The contract is for identical or nearly identical goods and/or
services, and the contract resulted from a Competitive bid using methods similar to those required by this chapter
Thank you. and I look forward to your response as I hope the City Council does as well
Gino J Bruno
Huntington Beach
2