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HomeMy WebLinkAboutCC Resolution 10536 (Personnel Classification Study)RESOLUTION NO. 10536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND NASH AND COMPANY, INC., FOR A PERSONNEL CLASSIFICATION AND COMPENSATION STUDY (TERM OF AGREEMENT COMMENCING 1/1/2000 AND ENDING ON 12/31/2004) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City of San Rafael, an agreement between the City of San Rafael and Nash and Company, Inc. for completion of a classification and compensation study, for an amount not to exceed $55,000.00. A copy of the agreement is attached hereto and by this reference made a part hereof. The form of the agreement shall be subject to the approval of the City Attorney. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on the sixth day of December, 1999, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips JEAWN M LEONCINI, City Clerk U�� D�31� AGREEMENT FOR: CLASSIFICATION AND COMPENSATION PROJECT This Agreement is made and entered into this 1st day of January, 2000 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and NASH AND COMPANY, Inc. (hereinafter "CONTRACTOR"). WHEREAS, the City Council has established as one of its primary priorities to maintain a competitive Compensation Plan and WHEREAS, staff has determined that an important step in this process will be to establish and maintain up-to-date job classification specifications and WHEREAS, staff has determined that a professional consultant is needed to update the City's job classification specification and review compensation relationships and WHEREAS, staff has completed the Request for Proposal (RFP) process and selected a consulting firm. NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Assistant Director for Management Services - Human Resources/Risk Management is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this ID Agreement (see Exhibit "A" for Project overview). B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Michael Nash is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "B" attached and incorporated herein. 3. DUTIES OF CITY. CITY shall assist in the arrangement of meeting rooms, preparation of meeting materials as required, notification of CITY staff, consult with Contractor on issues surrounding the study, and perform other tasks as needed to assist in the completion of the project. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a fixed fee (will -not -exceed) of eleven thousand dollars ($11,000), to include estimated hours for the project, out -pocket expenses for travel and production of reports, per year for five (5) years. In each year of the project the CITY will be billed by CONTRACTOR in four invoices for each segment: 20% following Orientation Sessions 40% following Interviews 30% following submission of Preliminary Report 10%n following submission of the Final Report. 5. TERM OF AGREEMENT. The term of this Agreement shall be for five year(s) commencing on January 1, 2000 and ending on December 31, 2004. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSIIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABU-ITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of five hundred thousand ($500,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of five hundred thousand ($500,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of five hundred thousand ($500,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; ?. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. CONTRACTOR shall provide to PROJECT MANAGER, Certificates of Insurance evidencing the insurance coverage required herein. 4. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 7. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuiies to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CTTY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 12. NONDISCRD41NATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the patties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Daryl G. Chandler (Project Manager) City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO CONTRACTOR: Michael Nash, PhD, President (Project Director) Nash and Company, Inc. 6453 Via De Anzar Palos Verdes, CA 90275-6560 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under- this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 95-3829104 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WIIEREOF, the parties have executed this Agreement as of the day, month and year first above written. CONTRACTOR By: (Y�wZ rn " 610 a -Q. � L, City Manager Name: Michael Nash, PhD Title: President TTEST: ity Clerk , APPROVED AS TO FORM: City Attorney,, CLASSIFICATION AND COMPENSATION STUDY Exhibit "A" Project Purpose: To provide professional services for completing comprehensive classification and compensation studies. Project Timetable: Encompassing a period, up to five years, January 1, 2000 through December 31, 2004. About the Classification and Compensation Project: The City of San Rafael employs approximately 400 employees in its classified service. These employees are represented by six (6) bargaining groups, which include: Police Association (sworn and non -sworn positions), MAPE SEIU Miscellaneous and Supervisory Units, MAPE/SEN Child Care Unit, Police Mid - Management Association, Firefighters' Association, Fire Chief Officers' Association; and an exempt Management/Mid-Management group. On a five (5) year cycle the City would like the Consultant to review/update all of its job class specifications, including recommendations related to the benchmark relationships, and within the designated compensation survey cities (which are identified in the MOUS) review the total compensation of these job classes. The City would like to have these studies completed by bargaining group with year one including both sworn and non -sworn job classes represented by the Police Association, and year two, three, and four designated from the job classes represented by MAPE/SEN (Maintenance, Clerical and Professional respectively); and the other groups to follow in the final year. The Job Class specification updates should update the nature of work assigned, create a standard format (see below) for all the job class specifications, and create physical standards for all the job class specifications. The standard format would include: Title Definition Distinguishing Characteristics Essential and Important Duties Job Related and Essential Qualifications (Education/Experience; Knowledge; and Skill/Ability) Other Special Requirements Physical Ability Requirements The data collected to establish total compensation for each benchmark job classification includes: Salary Items • Top Step Salary (excluding longevity pay steps) • Other Pay Items (including: EMT, Educational Incentive, POST Certification) • Uniform Allowance • Holiday Pay • City's Contribution towards Employees' Retirement Rate Benefit Items • City's maximum HMO Premium contribution for Health Insurance • City's premium costs for Life Insurance • City's premium costs for Long Term Disability Insurance • City's premium costs for Dental Insurance • City's premium costs for Vision Insurance A 1 of I Classification/Compensation P ject Agreement Exhibit _' PROCEDURE A. Project Methodology and Work Plan Our experience in similar studies indicates that the best results are achieved through a series of phases, each phase having one or more elements. The phases are interdependent. The phases and elements will be planned and carried out to maximize study value to the City of San Rafael while minimizing time demands on client personnel. Every effort will be made to encourage the direct participation of employees. We have found that involve- ment of personnel affected by the study is required in order to achieve good acceptance and smooth implementation of our recommendations. It is part of our methodology to meet regularly with City Administration during the progress of our work. We have found this practice enhances understanding and successful implementation of study recommendations. Each major phase is outlined below. The steps within are described in the body of the outline. Certain phases may be carried out simultaneously to minimize expenses and to use available time efficiently. Our work plan and schedule for the City's study will be conducted in four phases, each one separate from the other but interdependent in meeting overall study objectives. Phase I. Position Classification Phase II. Position Evaluation and Ranking Phase IIT. Salary Analysis Phase IV. Implementation and Maintenance Time Table Phase I—Position Classification Task 1 1.1 Establish Overall Plan and Data Collection Preliminary meetings with City Administration to discuss purpose and methodology. Review current position documentation. Develop position description questionnaires. Conduct management orientation sessions. Analyze current job and other relevant documenta- tion. B 1 of 3 )IJ (I iI lGIIIYIIli11111111111�Y li,iiii laid ii Task 2 Position Classification 2.1 Analyze position description questionnaires. 2.2 Interview employees in all classes, private inter- 4.1 views where necessary. 2.3 Analyze positions, prepare new job descriptions 2.4 Formulate occupational class schematic and allocate 4.2 all positions to the proper class. 2.5 Review of draft class specifications by administra- 4.3 tion. 2.6 Prepare final class specifications. 2.7 Inform employees of preliminary classification decisions. 2.8 Conduct appeal process. Meet any employee who appeals. 2.9 Review recommendations with the City. Phase II—Position Evaluation and Ranking Task 3 Job Evaluation 3.1 Rank jobs using the quantitative factors of skill, effort, responsibility, working conditions. 3.2 Rank classes. 3.3 Develop preliminary recommendations and review with the City. Phase III—Salary Analvsis Task 4 Conduct Survey, Develop Salary Schedule, Place Positions on Schedule/Analyze and Generate Salary Ranges. 4.1 Analyze and evaluate the City's current salary schedule. Gather data from other Cities using benchmark salary survev techniques.. 4.2 Determine where evaluation would place classes on the salary schedule. 4.3 Compare resulting placement with current place- ment. 4.4 Develop recommendations for ultimate placement of classes on the salary schedule. 4.5 Inform Administration of preliminary salary rec- ommendations. 4.6 Meet again with Administration to resolve issues related to preliminary placement of positions on the revised salary schedule. B 2 of 3 Phase IV—Implementation and Maintenance Task 5 Recommendations and Implementation 5.1 Prepare and present preliminary reports. 5.2 Modify preliminary recommendations. 5.3 Prepare and present final reports. 5.4 Conduct briefing sessions for City Administration, and City employees. Task 6 Maintenance 6.1 Schedule follow-up review meeting. 6.2 Contact the City at scheduled intervals for con- tinued assistance with maintenance. B3of 3 .�