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HomeMy WebLinkAboutStaff Report 3.C 08/06/2018wx� DATE: August 06, 2018 TO:Honorable Mayor and Members of the City Council through City Manager 4 -Amy FRO Reeve, Director of Human Resources SUBJECT: Resolution Authorizing the City Manager to Execute and Approve an Agreement with Ralph Andersen and Associates to Conduct a Classification and Compensation Study for all Miscellaneous Full -Time Classifications RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute and Approve an Agreement with Ralph Andersen and Associates to Conduct a Classification and Compensation Study for all Miscellaneous, Full -Time Classifications. BACKGROUND The City has not participated in a comprehensive classification and compensation review of all its miscellaneous full-time classifications since 2005, instead job descriptions have been revised and updated individually when vacancies occur and some remain unchanged fiom the last study. Over time, job duties and technology have evolved and some classifications need updating to reflect the current scope of work. Additionally, during negotiations with the Petaluma Professional and Mid -Managers Association (PPMMA) in 2016, the City agreed to review and update classifications as well as conduct a compensation study for all PPMMA classifications. Given the significant investment in a classification and compensation system, it is recommended that all miscellaneous, full-time classifications be studied simultaneously to ensure equity across departments and to consider internal equities for positions outside of the PPMMA units. DISCUSSION To comply with the classification and compensation provision within PPMMA's current MOUS, and to develop a well-rounded and defensible classification and compensation system, an RFP process was conducted to select a consultant to perform a study on the City's behalf. After surveying other agencies on their experience with similar projects, a request for proposal was submitted to five consultants. Two responses from firms specializing in classification and compensation work were received. A Selection Committee with representatives from the City, the American Federation of State, County and Municipal Employees (AFSCME) and PPMMA was convened and interviews were held with the two firms, Koff and Associates and Ralph Andersen and Associates. The Selection Committee jointly selected Ralph Andersen and Associates after evaluating the consultant's process, expected outcomes, and costs associated with both responses. The proposal from Ralph Andersen and Associates is a comprehensive solution which will provide a reliable and defensible result to outdated job descriptions and compensation surveys. The classification and compensation system will be relied upon during negotiations and recruitments for years to come. Ralph Andersen and Associates was selected as the preferred vendor due to more competitive pricing, a commitment to continued support of the system and a reliable total compensation tool and methodology which will allow the City to maintain the integrity of the classification and compensation study in the future. FINANCIAL IMPACTS The classification and compensation study for all miscellaneous full-time classifications through Ralph Andersen and Associates will cost approximately $79,300. This cost will be paid out of the employee benefits budget. ATTACHMENTS 1. Resolution and Agreement (Exhibit A) 2 Resolution No. 2018 -XXX N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE AN AGREEMENT WITH RALPH ANDERSEN AND ASSOCIATES TO CONDUCT A CLASSIFICATION, AND COMPENSATION STUDY FOR ALL MISCELLANEOUS FULL-TIME CLASSIFICATIONS WHEREAS, the City of Petaluma has an obligation to conduct a classification and compensation study for all Petaluma Professional and Mid -Managers Association (PPMMA) classifications with respect to the compensation study provision provided by PPMMA MOUS for Units 4, 9, and 11, effective July 1, 2016 — June 30, 2019, in accordance with the Meyers- Milias-Brown Act and the City's Employer -Employee Relations, Rules and Regulations (Resolution No. 55412 N.C.S.); and, WHEREAS, the City desires to establish a reliable and defensible classification and compensation system for all miscellaneous full-time classifications; and, WHEREAS, two firms providing classification and compensation study services submitted proposals, which were considered by the City; and, WHEREAS, based on evaluation of proposals received, City staff recommends that the firm Ralph Andersen and Associates be retained to meet the obligation between the City and PPMMA and to develop a well-rounded classification and compensation system for all miscellaneous full-time classifications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma approves the agreement between the City and Ralph Andersen and Associates attached and incorporated herein as Exhibit A, and authorizes the City Manager to sign the agreement. 3 PROFESSIONAL SERVICES AGREEMENT Classification and Compensation Study for Full -Time Miscellaneous Classifications (Title of Project) FY 19 Fund # 7100 Cost Center 71100 Object Code 54110 Project # Amount $79.300 For multi-year contracts or contracts with multiple accounts: FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund# Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of , 20 ("Effective Date"), by and between the City of Petaluma, a (city use only) municipal corporation and a charter city ("City") and Ralph Andersen & Associates, a Consultant ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties . agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto - • and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit *A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $79,300 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.g_ov) and has obtained a currently valid Petaluma business tax certificate. 1 PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 2017 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2019, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to, the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of. City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost acrd expense, furnish• all facilities and equipment that may be required for furnishing Services. pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work' done and materials furnished, if any, shall be subject to PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 inspection and approval by the City. The inspection of such work shall not relieve .Consultant of any of its obligations pursuant to this Agreement, 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services, 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain- Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act.. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, worlananlike manner and conform to the standards .of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assil4nment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the full extent applicable, with PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living %14e Ordinance. Without limiting the foregoing Section 17, Consultant shall comply -fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case, notice is effective on delivery if delivery is confirmed by the delivery service; or 4 PROFESSIONAL SERVICES AGREEMENT (60932 1) Oct 2017 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petaluma.ca.us And: Human Resources Department, Citv of Petaluma Attention: A1ny Reeve, HR Director 11 English St. Petaluma, CA 94952 Phone: 707778-4343 Fax: 707-927-1911 Email: areevegei.petaluma.ca.us Consultant: Ralph Andersen & Associates Attention: Heather Renschler, President/CEO 5800 Stanford Ranch Road, Suite 410 Rocklin, California 95765 Phone: (916) 630-4900 Fax: (916) 630-4911 Email: heather@ralphandersen.com 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent peirnitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. PROFESSIONAL SERVICES AGREEMENT (60932 t) Oct 2017 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender; Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terns of this Agreement. The defense and indemnification obligations of this Agreement shall no way be limited by, the insurance obligations that apply to this Agreement pursuant to Section 23. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional set -vices subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2, attached hereto and incorporated herein by reference. Indicate attached exhibit e.g. `B-1," `B-2," "B-3," or "B-4."1 City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. City's failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or City's failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all tinges during the performance of this Agreement. 24: Amendment. This Agreement may be amended only by a written instrument executed by both Parties. PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 25, Litigation. If litigation ensues which pertains to the subject matter of Consultant's. services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governinlz Law, Venue. This Agreement shall be enforced and interpreted tinder the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28, Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court'of competent jurisdiction, the remaining provisions of this Agreement shall continue in fall force and effect. 30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain- any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017 D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named, officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents ' shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 33. Readinfys. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the tennination or expiration of this Agreement and all provisions of. this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 35, Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS uqMREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUM A City Manager ATTEST: City Clerk APPROVED AS TO FORM: 7iry Attorney fife name: Ralph Andersen & Associates Agreement - PSA 20 t8 CONSULTANT By Heather RenschIer C#01� — - ----- Name President/CEO Title 5800 Stanford Ranch Road, Suite 410 Address Rocklin California 95765 City State zip 94-2299383 Taxpayer I.D. Number L-." 0959 oN5 Petaluma Business Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT (609321) Oct 2017