HomeMy WebLinkAboutContracts & Agreements_06-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of a classification and compensation study ("Agreement")
is made and entered in this 21" day of January 2025 ("Effective Date"), by and between the City
of Redlands, a municipal corporation ("City") and Public Sector Personnel Consultants Inc. an
Arizona Corporation ("Consultant"). City and Consultant are sometimes individually referred to
herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises
contained herein, City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide classification and compensation services for
City (the "Services").
1.2 The Services shall be performed by Consultant in a professional mariner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the
performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Robert J. Meteau, Jr., Director of Human Resources/Risk Management, as
City's representative with respect to performance of the Services, and such person. shall
have the authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with tha schedule set forth in Exhibit `B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
4.2 The term of this Agreement shall be for a period of one (1) year commencing as of the
Effective Date, unless terminated earlier as provided herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
51 Total compensation for Consultant's performance of the Services shall not exceed the
amount of One Hundred Ninety -Two Thousand Dollars ($192,000). City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance with
Exhibit "C," titled ("Project Rates by Major Task") which is attached hereto and
incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of Consultant's
invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY:
City Cleric
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Matthew Weatherly, President
Public Sector Personnel Consultants Inc.
2824 N. Power Rd, #113-486
Mesa, AZ 85215
matt@pspc,us
Phone:(888)522-7772
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not perform
any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services, Insmance policies shall include a
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provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City,
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall execute and provide City with Exhibit "D ,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required, City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability, This coverage shall include all Consultant owned vehicles used in
connection with Consultant's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of City. In the event of mutual agreement by the
Parties to assign or subcontract a portion of the Services, Consultant shall add such
assignee or subcontractor as an additional insured to the insurance policies required
hereby and provide City with the insurance endorsements prior to any Services being
performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
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the performance of Consultant's Services. Consultant further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement,
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revolve any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate hi
maleing a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor, Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
set forth, Consultant shall supply all necessary tools and instrumentalities required to
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perform the Services. Assigned personnel employed by Consultant are for its account only,
and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, btit (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant, Upon receipt of a
termination notice, Consultant shall immediately discontinue its provision of the Services
and, withn five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project Yelated data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a 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. Such books shall be available at reasonable times for
examination by City at the office of Consultant.
8,6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actioms or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, oarless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
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IN WITNESS WHEREOF, duty authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By. --�
Mario Saucedo, Mayor
ATTEST:
nne Donaldson, City Cleric
Public Sector Personnel Consultants Inc.
By: &k
Mattliew Weatherly, fires' nt
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EXHIBIT "A"
SCOPE OF SERVICES
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EXECUTIVE SUMMARY OF SERVICES FOR THE CITY OF REDLANDS
Pnoiect Planning and Communication
1. Project planning and scheduling meetings with the City's human Resources Staff, projectdesignee(s)
2, Policy Input and project direction meeting and briefing with Council, Human Resources and designees)
3. Project briefing presentation for all employees, Council, City officials, City's project leaders
4. Management and employee communication, progress reports throughout all project phases
6. Assistance with development and communication with a committee of employee representatives
ossification Prplect Tasks
6, Occupational famlllarization by review of City's current class specifications and compensation plans
7. Organizational fain! Ilarization by review of City organization charts, budgets, and annual reports
8, Position Analysis Questionnaire (PAQ) customized for gathering City employee occupation data
9. Meetings to distribute and explain the PAQ and the project for all City officials and employees
10. Job Interviews, desk audits / field observations with representatives of each class (flex options)
11. Recommended title modifications and reclassifications for consideration by department heads
12. Review of position classification recommendations with City's project staff and respective
departments
13. Facilitation of employee participation and feedback process on any proposed classification changes
14. Preparation of updated or"track changes" class specifications for each Included job classification
Compensation Surveys.
16. Confirmation of survey cities to Include In external total compensation comparisons
16. Identification of City occupations to utilize as survey benchmark job classifications
17. Solicitation of comparator employers and agencies for participation in external compensation surveys
18. Extraction of data from public employer compensation plans, questionnaires, reliable published
surveys
19. Total compensation and benefits survey by bargaining unit for external competitiveness comparisons
20. Consolidation of data from all sources and calculation of prevalling rates for benchmarkjobs
21. Computation of extent City's compensation offerings varyfrom external prevalling rates and practices
22. Review of competitiveness analysis with Human Resources, City Off lclals and City's project designees
Coomuensation Plan Development
23. Construction of optlonal salary range structures for review and selection by City's project leaders
24, Assignment of job classes to salary ranges by Internal equity and external competitiveness
25. Assistance with City Council identification of desired, affordable salary competitiveness policy
26, Fiscal Impact estimates at various levels of external prevalling rates competitiveness policies
27, Review and critique of draft salary and Implementation plans with Human Resources, project leaders
Communic-tion of Results and Implementation Strateaie.
28. Preparation and presentation of final project reports for the Clty Council, staff, and City Officials
29. Development of a plan forthe Implementation of City's updated classification and compensation plan
30, Uploading of EZ COMPTMprogram files on a Human Resources Department computer, stafftraining
31, Development and provision of process for ongoing plan maintenance and subsequent plan updates
32. Assistance with communicating the City's updated plans for all City officials and employees
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EXHIBIT IB"
PROJECT SCHEDULE
TIMELINE ILLUSTRATION ASSUMING JANUARY 2025 START
(can be modified if market data is not desired until 2026)
rASK NAME ESTIMATED DATES:
JAN 2025
FEe-MAR
MAR -APR
APR -MAY
MAY-JUNE AUGUST+
1.
PROJECT COMMU MCATION,
QUALITY ASSURANCE,
PROJECT STATUS REPORTS
_
2.
REVIEW OF PAQS; TITLING AND LEVELS;
ORGANIZATIONAL DATA COLLECTION
CLASSIFICATION RECOMMENDATIONS
3.
DRAFT CLASSIFICATION AND TITLING;;
RR STAFF QUALITY ASSURANCE REVIEW;
GRAFT REVIEW WITH HR, ➢EPTS
4.
PREPARATION OF UPDATED CLASS
SPECIFICATIONS AND REVIEWS MTN
DEPARTMENTS, FINALIZATION
COMPENSATION SURVEYS, BENCHMARK
5.
SELECTION, DATA COLLECTION,
!
COM PARAWLITY ASSURANCE REVIEW
t
6.
PREVAILING RATES COMPUTATION,
MARKET COM PETITIVENESS ANALYSIS.
DRAFT COMPENSATION METHODOLOGY
T.
SALARY RANGE ASSIGNMENTS ON BASIS
OF INTERNAL EQUITY AND EXTERNAL
COMPETITIVENESS
B.
SALARY RANGE TABLES, FISCAL IMPACT
ESTIMATES, REVIEW OF DRAFT PLANS
WITH CITY OFFICIALS, DESIGNEE(SI
PREPARATION AND PRESENTATION OF
9.
FINAL REPORT70 HR, COMMITTEES,
EXECUTIVE TEAM, EMPLOYEES
10.
EZ COMPI INSTALLATION, STAFF
TRAINING ONE YEAR OF CLASSICOMP
PLAN IMPLEMENTATION ASSISTANCE
JL
" Progress reviews with the City
* Timing of survey results can be adjusted to maximize recency 1 Intended use
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EXI3IBIT "C"
PROJECT RATES BY MAJOR TASK
A. PROJECT COST ESTIMATE
We estimate that the project's total cost, including all fees for professional services and
reimbursement for out-of-pocket expenses, will not exceed the indicated amounts.
- Project Planning, Stakeholder Meetings, Project Briefing Meetings for Employees
- Desk Audit Interviews (200)
- Position Classification, Titling, Career ladders, Job Families
- Updated Classification Specifications (200)
- Total Compensation Survey— Up to 15 Comparators
- Reserve— Employee Communication, Stakeholder Meetings, Presentations
- From Surveys, Compensation Plan, Draft Reviews, Final Presentations
Base Cost:
Standard Hourly Rate all Staff $150
B. FLEXIBLE WORK PLAN. NEGOTIABLE TOTAL COST. TERMS
$ 7,000
$ 25,000
$15,000
$15,000
$ 100,000
$10,000
S 20.000
$ 192,000
Our work plan Is flexible and total project cost negotiable, and we will discuss, modify, add or
delete, any work task to increase the project's responsiveness to the City's needs and financial
resources. We will provide the City with monthly invoices for the professional services provided
and out-of-pocket expenses incurred during the month. We request that the City pay the Invoices
within thirty (30) days of their receipt.
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EXHIBIT " D "
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
fallowing ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in tivs State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon finnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
LI am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I becorne subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are tine and coiTect.
PUBLIC SECTOR PERSONNEL CONSULTANTS INC.
By: l�-
Mattew Weatherly, President
Date: L-G uV u.
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