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HomeMy WebLinkAboutCC Resolution 12324 (HR Services; RGS)RESOLUTION 12324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH REGIONAL GOVERNMENT SERVICES AUTHORITY FOR HUMAN RESOURCES SERVICES WHEREAS, over the past several years, the Human Resources Department has been evolving to reflect City needs and budget priorities; and WHEREAS, on November 6, 2006, the City Council approved an agreement with Leslie Loomis to provide Interim Human Resources Manager services while recruitment for a permanent position was conducted; and WHEREAS, on February 5, 2007, the Council approved a reorganization of the Human Resources Department which elevated the Human Resources Manager position to a Director level; and WHEREAS, Ms. Leslie Loomis emerged as the top candidate of a new recruitment conducted by Peckham and McKenney for the Director of Human Resources position; and WHEREAS, Regional Government Services is a Joint Powers Authority that was formed in 2001 to provide services to public agencies in the areas of staffing, employee benefits administration, and other consulting and project management services; and WHEREAS, the City wishes to utilize Regional Government Services to provide the services of Ms. Leslie Loomis as the City's Director of Human Resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an agreement with RGS to provide the Director of Human Resources position, a copy of which is hereby attached and by this reference made a part hereof. 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 Monday, the 6t' of August, 2007, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None anne M. Leoncini, City Clerk ,.. AGREEMENT FOR MANAGEMENT AND ADMINISTRATIVE SERVICES This Agreement for Management Services (this "Agreement") is made and entered into as of the 6th day of August, 2007, by and between the City of San Rafael ("CITY"), a Charter City, and Regional Government Services Authority ("RGS"), a joint powers authority, (each individually a "Party" and, collectively, the "Parties"). RECITALS THIS AGREEMENT is entered into with reference to the following facts and circumstances: A. That CITY desires to engage RGS to render certain services to CITY; B. That RGS is a management and administrative services provider and is qualified to provide such services to CITY; and C. That CITY has elected to engage the services of RGS upon the terms and conditions as hereinafter set forth. TERMS AND CONDITIONS Section 1. Services. The services to be performed by RGS under this Agreement shall include those services set forth in Exhibit A, which is by this reference incorporated herein and made a part hereof as though it were fully set forth herein. Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A. 1.1 Standard of Performance. RGS shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which RGS is engaged in the geographical area in which RGS practices its profession. RGS shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in RGS' profession. 1.2 Assianment of Personnel. RGS shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, RGS shall reassign such person or persons. 1.3 Time. RGS shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in above and to satisfy RGS' obligations hereunder, but no less than provided for in Exhibit A. Section 2. Term of Agreement and Termination. Services shall commence on August 7, 2007 and shall continue until August 7, 2009, at which time this Agreement may be extended by mutual consent of the Parties. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) days written notice. CITY has the sole discretion to determine if the services performed by RGS are satisfactory to the CITY, which determination shall be made in good faith. If the CITY determines that the services performed by RGS are not satisfactory, the CITY may terminate this agreement by giving written notice to RGS. Upon receipt of notice of termination by either Party, RGS shall cease performing duties on behalf of CITY on the termination date specified and the compensation payable to RGS shall include only the period for which services have been performed by RGS. Section 3. Compensation. Payment under this Agreement shall be as provided in Exhibit A. Agreement For Management and Administrative Services Page 1 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 9i. Section 4. Effective Date. This Agreement shall become effective when executed by both Parties. Section 5. Relationship of Parties. 5.1 It is understood that the relationship of RGS to CITY is that of an independent contractor and all persons working for or under the direction of RGS are its agents or employees and not agents or employees of CITY and RGS shall, at all times, treat all persons working for or under the direction of RGS as agents and employees of RGS, and not as agents or employees of the CITY. CITY shall have the right to control RGS only insofar as the results of RGS' services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1. 5.2 RGS shall provide services under this Agreement through one or more employees of RGS qualified to perform services contracted for by CITY. Key staff of the RGS who will provide services to the CITY are indicated in Exhibit A. The Executive Director of RGS will not reassign any of the RGS staff indicated in Exhibit A without first consulting with the CITY. The Executive Director of RGS will consult with CITY on an as -needed basis to assure that the services to be performed by RGS are being provided in a professional manner and meet the objectives of CITY. 5.3 CITY shall not have the ability to direct how services are to be performed, specify the location where services are to be performed, or establish set hours or days for performance of services, except as set forth in Exhibit A. 5.4 CITY shall not have any right to discharge any employee of RGS from employment with RGS. 5.5 RGS shall, at its sole expense, provide for its employees providing services to CITY pursuant to this Agreement any and all benefits, such as worker's compensation, disability insurance, vacation pay, sick pay, or retirement benefits; obtain and maintain all licenses and permits usual or necessary for performing the services; pay any and all taxes incurred as a result of the employee(s) compensation, including estimated taxes, FICA and other employment taxes; and provide CITY with proof of payment of taxes on demand. Section 6. Insurance Reauirements. Before beginning any work under this Agreement, RGS, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the RGS and its agents, representatives, employees, and subcontractors. RGS shall provide proof satisfactory to CITY of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the CITY. RGS shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be paid by RGS. RGS shall not allow any subcontractor to commence work on any subcontract until RGS has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to CITY. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 6.1 Workers' Compensation. RGS shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by RGS. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, RGS may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the CITY's Risk Manager. The insurer, if insurance Agreement For Management and Administrative Services Page 2 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 is provided, or the RGS, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement where the subject loss is not proximately caused by the actions of or failure to act by an CITY officer, agent or employee or any person or entity other than the parties to the Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 6.2 Commercial General and Automobile Liabilitv Insurance. 6.2.1 General requirements. RGS, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. RGS shall additionally maintain commercial general liability in an amount not less than TWO MILLION DOLLARS ($2,000,000) aggregated for bodily injury, personal injury, and property damage. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 6.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 6.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. CITY and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of RGS, including the insured's general supervision of RGS; products and completed operations of RGS; premises owned, occupied, or used by RGS; and automobiles owned, leased, or used by the RGS. The coverage shall contain no special limitations on the scope of protection afforded to CITY or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. c. An endorsement must state that coverage is primary insurance with respect to the CITY and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the CITY shall be called upon to contribute to a loss under the coverage. Agreement For Management and Administrative Services Page 3 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 d. An endorsement shall state that coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage or in limits, except following reasonable notice to the CITY. 6.3 Professional Liabilitv Insurance. Upon written request of CITY, RGS, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 6.3.1 Any deductible or self-insured retention shall not exceed $1,000 per claim. 6.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 6.3.3 The following provisions shall apply if the professional liability coverages are written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, RGS must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the RGS' sole cost and expense, any extended reporting provisions of the policy, if the RGS cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement. 6.4 All Policies Requirements. 6.4.1 Acceotability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 6.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, RGS shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. 6.4.3 Subcontractors. RGS shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Agreement For Management and Administrative Services Page 4 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 6.4.4 Variation. The CITY may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the CITY's interests are otherwise fully protected. 6.4.5 Deductibles and Self -Insured Retentions. RGS shall disclose to and obtain the approval of CITY for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of CITY's CITY Manager, RGS may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels with a requirement that RGS procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 6.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, RGS shall provide written notice to CITY at RGS' earliest possible opportunity and in no case later than five days after RGS is notified of the change in coverage. 6.5 Remedies. In addition to any other remedies CITY may have if RGS fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option exercise any of the following remedies, which are alternatives to other remedies CITY may have and are not the exclusive remedy for RGS' breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order RGS to stop work under this Agreement or withhold any payment that becomes due to RGS hereunder, or both stop work and withhold any payment, until RGS demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 7. Legal Reauirements. 7.1 Governina Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Aoolicable Laws. RGS and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, RGS and any subcontractors shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. RGS represents and warrants to CITY that RGS and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions and that RGS is authorized by law to provide the services contemplated by Agreement For Management and Administrative Services Page 5 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 this Agreement. RGS represents and warrants to CITY that FIGS and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. 7.5 Nondiscrimination and Eaual O000rtunity. RGS shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by RGS under this Agreement. RGS shall comply with all applicable federal, state, and Local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement. Section 8. Keepinq and Status of Records 8.1 Records Created as Part of RGS' Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that RGS prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. RGS hereby agrees to deliver those documents to the CITY upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the CITY and are not necessarily suitable for any future or other use. 8.2 CONFIDENTIAL INFORMATION. RGS shall hold any confidential information received from CITY in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, RGS shall return materials which contain any confidential information to CITY. For purposes of this paragraph, confidential information is defined as all information disclosed to RGS which relates to CITY's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. CITY shall notify RGS what information and documents are confidential and thus subject to this section 8.2. 8.3 RGS' Books and Records. RGS shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the CITY under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the RGS to this Agreement. 8.4 Inspection and Audit of Records. Any records or documents that Section 8.2 of this Agreement requires RGS to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the CITY. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of the CITY, for a period of three (3) years after final payment under the Agreement. Section 9. Non-assianment. This Agreement is not assignable either in whole or in part without Agreement For Management and Administrative Services Page 6 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 the written consent of the other party. Section 10. Amendments. This Agreement may be amended or modified only by written agreement signed by both Parties. Section 11. Validitv The invalidity, in whole or in part, of any provisions of this Agreement shall not void or affect the validity of any other provisions of this Agreement. Section 12. Governina Law/Attornevs Fees. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the CITY of Alameda, California. In the event of litigation between the Parties hereto to enforce any provision of the Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs of litigation. Section 13. Mediation. Should any dispute arise out of this Agreement, the Parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the Parties. If a mediated settlement is reached, neither Party shall be deemed the prevailing party for purposes of the settlement and each Party shall bear its own legal costs. Section 14. Entire Aareement. This Agreement, including Exhibit A, comprises the entire Agreement. Section 15. Indemnitv 15.1 RGS's indemnitv obligations. FIGS will defend and indemnify CITY, and hold it harmless, from any claim, demand or liability that is related to, or results from the manner in which RGS has performed this Agreement. Thus, RGS's indemnity obligations will arise when any claim or demand is made against CITY which premises CITY's liability, in whole or in part, upon any of the following: A. the quality or character of the work of RGS's employees or subcontractors; B. the negligent acts or omissions of RGS or its officers, directors, employees, or agents; or C. the willful misconduct of RGS or its officers, directors, employees, or agents. Further, RGS will defend and indemnify CITY, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to CITY, an RGS employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, RGS's obligation for any payments to such a claimant shall be limited to those payments which CITY may be required to pay. 15.2 CITY's indemnitv obligations. CITY shall indemnify, defend and hold harmless RGS and its officers, directors, employees and agents from any and all claims and lawsuits where such persons are named in the lawsuit solely by virtue of the position they hold with CITY, or solely because of a duty any of them performs while in that position. It is the intent of the parties here to define indemnity obligations that are related to or arise out of CITY's actions as a governmental entity. Thus, CITY shall be required to Agreement For Management and Administrative Services Page 7 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 indemnify and defend only under circumstances where a cause of action is stated against FIGS, its employees or agents: A. which is unrelated to the skill they have used in the performance of the duties delegated to them under this Agreement; B. when the allegations in such cause of action do not suggest the active fraud or other misconduct of RGS, its employees, or agents; and C. where a CITY employee, if he had been acting in a like capacity, otherwise would be acting within the scope of that employment. Whenever CITY owes a duty hereunder to indemnify RGS, its employees or agents, CITY further agrees to pay RGS a reasonable fee for all time spent by any RGS employee, or spent by any person who has performed work pursuant to this Agreement, for the purpose of preparing for or testifying in any suit, action, or legal proceeding in connection with the services he has provided under this Agreement. Section 16. Notices. All notices required by this Agreement shall be given to CITY and RGS in writing, by first class mail, postage prepaid, addressed as follows: CITY: RGS: City of San Rafael Regional Government Services (RGS) 1400 Fifth Avenue 50 Woodside Plaza, Suite 101 San Rafael, CA 94915-1560 Redwood City, CA 94061 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first written by their respective officers duly authorized on their behalf. Citv f San Raf el By DATED: b Kin rdhoff, City a r APPR M: ATTEST _X: rWaa -� Ph . Jeanne M. Leoncini, City Clerk REGIONAL GOVERNMENT SERVICES By: Richard H. Averett, Executive Director APPRO ED AS TO FORM: By: �)// Eliz Silver, Att ey DATED: ���$ 'o 7 DATED: DATED: ?—.7-D2 DATED: -1/11) 6 Agreement For Management and Administrative Services Page 8 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 EXHIBIT A SCOPE OF SERVICES AND COMPENSATION FIGS shall assign the individual identified in Exhibit A to serve as a Human Resources Director for City of San Rafael. Specific Scope of Work attached as Exhibit B COMPENSATION 1. Fees. The CITY agrees to pay to RGS the full cost of compensation and support, equal to $16,542 per month, for the assigned RGS employee. Any changes to the list of key RGS staff will be made by written notice of RGS' Executive Director to CITY. RGS and CITY acknowledge and agree that compensation paid by CITY to RGS under this Agreement is based upon RGS' costs of providing the services required hereunder, including salaries and benefits of employees, and wage adjustments for cost of living and/or performance pay approved by the City. The parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities for which RGS may be obligated for its employees or may otherwise be contractually obligated. 2. Reimbursement of RGS' Administrative Cost. The CITY shall reimburse RGS for RGS overhead as part of the monthly rate specified above. Support overhead costs are those expenses necessary to administering this Agreement, and are included in the monthly rate. 3. Terms of Pavment. RGS shall submit invoices monthly for the next month's services. Invoices shall be delinquent if not paid within 20 days of receipt. Upon City approval of this agreement RGS shall invoice for the estimated services for months of August 7 through 31 and September. Thereafter, invoices will be the succeeding full month and delivered to the City on or about the 1st of the month prior to the month of service. Payment for the next month must be received prior to the beginning of the month for which service is to be provided. Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of 1 % per month, which is an annual percentage rate of 12%, which will be applied to any unpaid balance owed commencing seven (7) days after the payment due date. Additionally, in the event the CITY fails to pay any undisputed amounts due to the RGS within fifteen (15) days after payment due date, then the CITY agrees that the RGS shall have the right to consider said default a total breach of this Agreement and the duties of the RGS under this Agreement may be terminated by the RGS upon ten (10) working days advance written notice. Pavment Address. All payments due RGS shall be paid to: RGS, c/o McGilloway & Ray Accountants, 2511 Garden Road, Suite A-180, Monterey, CA 93940-5381. KEY RGS STAFF NAME I POSITIION Leslie Loomis Human Resources Director The start date for the assigned RGS employee is August 7, 2007 Agreement For Management and Administrative Services Page 9 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007 EXHIBIT B Scope of Services RGS shall assign the individual(s) identified in Exhibit A to serve as CITY Human Resources Director, which position requires performing the functions and duties specified in the CITY Human Resources Director job description for the position of Human Resources Director and such other legally permissible and proper duties and functions as the CITY may, from time to time, assign. The RGS employee assigned to provide CITY Human Resources Director services shall be reasonably available to perform the services during the normal work week on a full-time capacity. 2. The RGS employee assigned to provide Human Resources Director services will meet regularly and as often as necessary with CITY's City Manager, Assistant City Manager for the purpose of consulting with them about the scope of work he or she performs. The employee will meet with other CITY staff, City Council, members of the public, and attend CITY and other meetings as necessary. Such RGS employee may perform Human Resources Director services at the CITY offices available in San Rafael or at other locations. Agreement For Management and Administrative Services Page 10 of 10 (City of San Rafael and Regional Government Services Authority) July 20, 2007