HomeMy WebLinkAboutCC Resolution 7969 (Revise Personnel Rules & Regulations)RESOLUTION NO. 7969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF CONTRACT
AGREEMENT WITH JOHN SHANNON ASSOCIATES
(For Revision of Personnel Rules and Regulations)
WHEREAS, the San Rafael City Council authorized the expen-
diture of funds from the Personnel Office's budget in FY 1988/89 to
complete a City Personnel Rules Revision Project; and
WHEREAS, specifications were established and bids
solicited from twelve Personnel Consultants; and
WHEREAS, bids have been received and thoroughly reviewed
by the City's Rules Revision Committee, and the Committee recommends
John Shannon Associates for the project.
NOW, THEREFORE, BE IT RESOLVED by the San Rafael City
Council that the following action be taken:
The MAYOR and CITY CLERK are authorized to execute, on be-
half of the City of San Rafael a contract agreement between the City
of San Rafael and John Shannon Associates.
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 Council of said
City on Monday , the 15th day of May , 1989, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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J M. LEONCIlk, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 15th day of
MAY , 1989, by and between the City of San Rafael, a
municipal corporation, hereinafter referred to as "City" and Shannon
Associates, Inc., a California corporation, hereinafter referred to
as "Consultant".
RECITALS
WHEREAS, City desires to revise its Personnel Rules and
Regulations; and
WHEREAS, Consultant is qualified and willing to render such
professional services'as described below, on the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. SCOPE OF SERVICES. Basic Services: Consultant agrees to
perform these services as outlined in Section II of its
documents entitled "A Proposal to City of San Rafael for
Revision of City's Personnel Rules and Regulations" dated
March 3, 1989, a copy of which is attached and incorporated
herein as Exhibit A.
2. COMPENSATION. City agrees to pay Consultant a flat fee of
$6,500.00 for Basic Services as outlined in paragraph 1
above. City shall pay an additional sum not to exceed
$3,500.00 for reimbursement of directly related expenses for
such items as travel, long distance telephone, clerical/data
processing services, printing and postage/delivery charges.
Professional fees and reimbursable expenses shall be billed
monthly on a time and expense basis. After City's initial
acceptance of the revised rules, Consultant shall provide
on-going advisory consulting services at the following
hourly rates:
John Shannon -- $100.00 per hour
John McMillan -- $75.00 per hour
3. TIME FOR COMPLETION OF SERVICES. Consultant agrees to begin
the work herein provided no later than the date of execution
of this agreement and agrees to diligently prosecute its
services to completion.
COPY
4. PRODUCTION AND OWNERSHIP OF MATERIALS. All statements,
documents or other materials produced by Consultant for City
pursuant to this agreement shall conform to standards set by
City and shall be the exclusive property of City.
5. INDEPENDENT CONTRACTOR. It is expressly understood and
agreed to by all the parties that Consultant, Consultant's
officers, employees, and agents while engaged in carrying
out and complying with any of the terms and conditions of
this agreement, are independent contractors and not
employees of City. Consultant, Consultant's officers,
employees and agents expressly warrant that they will not,
at any time or in any manner, represent that they are
agents, servants, or employees of City.
6. NON -ASSIGNMENT. This agreement contemplates the expert and
unique services of the Consultant, and it is recognized by
the parties hereto that a substantial inducement to the City
for entering into this agreement was, and is, the profes-
sional reputation and competence of the Consultant. Neither
this agreement nor any interest therein may be assigned by
the Consultant and the Consultant shall not subcontract any
portion of the performance contemplated and provided for
herein.
7. INSURANCE.
(1) Public Liability. During the term of this Agreement,
Consultant shall maintain in full force and effect a
policy of public liability insurance with minimum
coverages as follows: $1,000,000 for injury to one per-
son in any one occurrence; $1,000,000 aggregate; and,
$50,000 for property damage. Consultant shall cause the
City, its officials and employees to be named on all
liability policies described above as insured as
respects: (1) activities performed for the City by or on
behalf of the named insured; (2) products and completed
operations of the Named Insured; and (3) premises owned,
leased or used by the Named Insured.
(2) Worker's_ Compensation. During the term of this
Agreement, Consultant shall fully comply with the terms
of the law of California concerning worker's compensa-
tion. Said compliance shall include, but not be limited
to, maintaining in full force and effect one or more
policies of insurance insuring against any liability
Consultant may have for worker's compensation.
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8. INDEMNIFICATION. Consultant agrees to defend, indemnify,
protect, and hold City and its agents, officers, and
employees, harmless from and against any and all claims as-
serted or liability established for damages or injuries to
any person or property, including injury to (contractor or
provider of services) employees, agents or officers which
arise from or are connected with or are caused or claimed to
be caused by the acts or omissions of Consultant and its
agents, officers or employees, in performing the work or
services herein described, and all expenses of investigating
and defending against same; provided, however, that
Consultant's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established
sole negligence or willful misconduct of the City, its
agents, officers, or employees.
9. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of
this Agreement, Consultant, for itself, its assignees and
successors in interest, agrees as follows:
(1) Compliance with Regulations: Consultant shall comply
with the Executive Order 11246 entitled "Equal
Employment Opportunity,: as labor regulations (41 C.F.R.
Part 60), hereinafter referred to as the "Regulations."
(2) Nondiscrimination: Consultant, with regard to the work
performed by it after award and prior to completion of
the work pursuant to this Agreement, shall not dis-
criminate on the grounds of race, color, religion, sex
or national origin in the selection and retention of
subcontractors, including procurements of materials and
leases of equipment.
(3) Solicitation for Subcontractor, Including Procurements
of Materials and Equipment: In all solicitations either
by competitive bidding or negotiations made by
Consultant for work to be performed under any sub-
contract, including procurements of materials or
equipment, such potential subcontractor or supplier
shall be notified by Consultant of Consultant's obliga-
tion under this Agreement and the Regulations relative
to nondiscrimination on the grounds of race, color,
religion, sex or national origins.
(4) Information and Reports: Consultant shall provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and
will permit access to its books, records, accounts,
other sources of information and its facilities as may
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be determined by the City of San Rafael to be pertinent
to ascertain compliance with such Regulations, order and
instructions. Where any information required of
Consultant is in the exclusive possession of another who
fails or refuses to furnish this information.
Consultant shall so certify to the City of San Rafael
and shall set forth what efforts it has made to obtain
the information.
(5) Sanctions for Noncompliance; In the event of noncom-
pliance by Consultant with the nondiscrimination
provisions of this Agreement, the City of San Rafael
shall impose such contract sanctions as it may determine
to be appropriate, including, but not limited to:
(a) Withholding of payments to Consultant under the con-
tract until Consultant complies;
(b) Cancellation, termination, or suspension of the
Agreement, in whole or in part.
(6) Incorporation of Provisions: Consultant shall include
the provisions of paragraphs 1 through 5 in every sub-
contract, including Regulations, order, or instructions
issued pursuant thereto. Consultant shall take such ac-
tion with respect to any subcontractor or procurement as
the City of San Rafael may direct as a means of enforc-
ing such provisions, including sanctions for
noncompliance; provided, however, that in the event
Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, Consultant may request City to enter
such litigation to protect the interests of the City.
10. TERMINATION AND NOTICE. This agreement may be terminated by
City or Consultant at any time upon ten (10) days after
• mailing or service of a written notice. Any such notice
shall be addressed to Consultant at 1400 K. Street, Suite
311, Sacramento, CA 95814; to the City at P.O. Box 60, San
Rafael, CA 94915-0060. In the event of termination,
Consultant shall be entitled to compensation for services
performed to the effective date of termination, provided,
however, that City may condition payment of such compensa-
tion upon delivery to City by Consultant of any and all
documents and materials prepared pursuant to this agreement.
11. WHOLE AGREEMENT. This constitutes the entire agreement of
the parties. No modification or amendment of this agreement
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shall be valid unless it is in writing and executed by all
parties. To the extent there is any conflict between this
document and the Consultant's proposal dated March 3, 1989,
this document takes precedence.
12. ARBITRATION. Consultant and City agree to submit any claims
arising under this lease to binding arbitration pursuant to
the current -provisions of the California Code of Civil
Procedure and any successor statutes.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date first written above.
CITY OF SAN RAFAEL
By.
Mayor
LAWRENCE E.
ATTEST:
MULRYAN
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By: �tt�tc dry �2,au-Q'.�r....
(City_ Cler
JEANNE M. LEONCINI
APPROVED AS TO FORM:
By: A jl�-a /,G1
City Attorney/
GARY T. RAGGHIANTI
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SHANNON ASSOCIATES, INC.
EXHIBIT A
SECTION II - STUDY PROCESS
The study process presented below is designed to achieve the
specific objectives presented in the previous section. Each task
has been carefully tailored to meet the City's needs.
In order to achieve the objectives outlined in Section I, the
following tasks would be. completed:
Task 1 - Project Initiation
This task involves all the steps required to initiate the project
and includes:
Review and finalization of the study objectives, process and
schedule with the City Manager and Personnel Officer.
Orientation meeting for the City's executive staff to review
the overall study objectives, process and schedule. In
addition, a similar meeting call be held with employee
representatives, if appropriate.
Task 2 - Review Current Personnel Rules
This task will involve a thorough review of the current Personnel
Rules and would include the following steps:
Analysis of the current documents including the appropriate
provisions of the Charter, ordinances, Personnel Rules,
employee agreements, departmental policies and other related
information.
Review of any grievances or complaints filed in relationship
to the Rules.
Interviews with the City Manager, Personnel Officer, City
Attorney, department heads, members of the City's Personnel
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Board and representatives of employee organizations to identify
any particular concerns relative to the current Rules.
Task 3 - Prepare and Review an Evaluation of the Current Personnel
Rules
Following the completion of the above task, the consultant will
prepare an evaluation of the current Personnel Rules which will
include recommendations regarding:
Uniform format and style
Deletions to the current Rules
Suggested additions to the current Rules
Once completed, this evaluation will be reviewed with the Personnel
Officer, City Attorney, and others as necessary.
Task 4 - Prepare and Review Draft Personnel Rule Revisions
Based on the results of the previous tasks, the consultant will
prepare a fully revised set of Personnel Rules. These Rules will
be drafted in a uniform format and style and will be reviewed with
the Personnel Officer, City Attorney, and others, as necessary.
Task 5 - Prepare and Submit Final Revisions
Following the review of the draft, the consultant will prepare and
submit the final revisions to the Personnel Rules. In addition, a
final report will be prepared that includes:
Summary of the evaluation process
overall evaluation of the current Rules
Recommendation for additions to the Rules
E
Your RFP asks for an initial assessment of what should be
included in the Personnel Rules and what should be covered in a
comprehensive M.O.U. As a practical matter, every organization
has its own set of values and operating guidelines which would
dictate the content of M.O.U.s and the Personnel Rules.
As a general rule, however, any provisions agreed to through a
collective bargaining process tends to supersede a Personnel
Rule.
We have attached, for your information, an outline of proposed
Personnel Rules recently completed for another client (Appendix
A) .
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