HomeMy WebLinkAbout1985-057
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RESOLUTION NO.
R" "7
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND PERSONNEL RESEARCH CENTER FOR CONSULTING SERVICES
FOR CLASSIFICATION STUDY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION l. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
the City an agreement between the City of San Bernardino and
Personnel Research Center for consulting services for a
classification study, a copy of which is attached hereto as
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Exhibit "1" and incorporated herein by reference as though fully
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set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
, 1985, by the following vote, to
rp.gnlFlr
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4th
day of
FA.hrll.=lry
wit:
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AYES:
Council Members r~~+~n~n~. R~i"y. Hernande~,
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MFlrkl=: C)nip.l
FrFl7.;p.r ~~r;rk'~r
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NAYS:
Nnnp..
Nnnp.
ABSENT:
~/N?'-?-c~
" CITY CLERK
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/ / / /
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I / / / /
The foregoing resolution is
of
February
, 1985.
,,:) /-~ day
n Bernardino
Approved as to form:
L~~~
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AGREEMENT
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(Consulting Services for Classification Study)
THIS AGREEMENT is made this ...:r-z':,L day of
""- :2-1r ' 19~ between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter called "City", and PERSONNEL
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RESEARCH CENTER, hereinafter called "Consultant".
I. Recitals.
A. Consultant represents that it possesses all professional
qualifications necessary to render the services to the City set
forth herein, and City enters into this Agreement in reliance
upon Consultant's express representations in regard thereto.
B. City issued a request for proposals to perform a City-
wide classification study for non-safety personnel, a copy of
which is on file in the Personnel Office labeled as Exhibit "A"
and incorporated herein as though fully set forth. City desires
to retain Consultant to perform the classification study.
C. In response to City's request for proposals, Consultant
submitted a proposal, including a modification dated January 16,
1985. A copy of the entire proposal is on file in the Personnel
Office labeled as Exhibit "B" and incorporated herein as though
fully set forth. Consultant represents that it is ready, willing
and able to serve City on the terms and conditions of this
agreement, and City enters into this agreement in reliance upon
Consultant's representations concerning its qualifications and
capabilities.
II. Employment of Consultant. City hereby employs
27 Consultant and Consultant agrees to perform the classification
28 study as set forth in Exhibits "A" and "B", as modified, in
29 accordance with all terms and conditions contained in said
30 exhibits and in accordance with the terms of this agreement.
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III. Personnel. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the
services by Consultant called for under this agreement.
Consultant shall at all times be and remain an independent
contractor, and such personnel as may be employed by Consultant
shall not be employees or agents of City for any purposes. A
member of the City's professional personnel staff shall work with
Consultant on the study as outlined in Paragraph D2 of the
proposal modification in Exhibit "B".
IV. ~ of Performance. Services of Consultant are to
commence as soon as practicable after the execution of this
agreement, and the classification study is to commence on or
about March 1, 1985. Consultant shall promptly perform work and
duties required hereunder and complete same on or before August
31, 1985.
V. Compensation. City shall pay to Consultant a sum not to
exceed a total of thirty-three thousand five hundred dollars
($33,500.00> for all work set forth in Exhibits "A" and "B".
City will only be charged for and will only pay for these
services specifically requested by the City. Consultant shall be
paid for services in accordance with the maximum fee schedule set
forth in Section III B. 4. on page 4 of Exhibit "A", said sum to
constitute full and complete compensation for all Consultant's
services rendered. There shall be no other compensation payable
to Consultant hereunder, and Consultant shall be solely
responsible for paying the expenses for all services rendered to
the City pursuant to this agreement.
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VI. Method of payment. Consultant shall present itemized
billings describing work completed to the Personnel Director, as
the work progresses, and upon approval by the Personnel Director,
City shall promptly pay approved billings within the period of
time normally used by City for making such payments. Consultant
shall bill City only for actual expenses incurred and actual time
expended. A final payment of $3,000.00 to be made by City shall
not be made until such time as the Consultant has finally
performed all work required hereunder.
VII. Warranties of Consultant. Consultant specifically
warrants and represents its skill and expertise to be adequate
and competent for the completion of the assignment hereunder in a
good and professional manner, and the representations set forth
in Recitals A and C hereinabove are incorporated in this
paragraph by reference.
VIII. Assignability. The experience, skill and expertise
of Consultant is of the essence of this agreement. Consultant
shall not assign (whether by assignment or novation) this
agreement or delegate the duties or any right or interest
hereunder in whole or in part without the prior written consent
of City. Any assignment or attempt to assign this agreement
without such prior written consent or by operation of law shall
be void and shall constitute cause for termination.
IX. Interest of Consultant. Consultant covenants that it
presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under
this agreement. Consultant further covenants that in the
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performance of this agreement no person having any such
conflicting interest shall be employed.
X. Findin9s Confidential. Any reports, information or data
given to or prepared or assembled by Consultant under this
agreement which City requests to be kept confidential shall not
be made available to any individual or organization by Consultant
without the prior written approval of City.
XI. publication, Reproduction and Use of Material. No
material produced in whole or in part under this agreement shall
be subject to copyright in the United States or in any other
country. The final report furnished by Consultant to City shall
become the sole property of City, and City shall have
unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
XII. Termination of Contract for Cause. If for any cause
Consultant shall fail to fulfill in a timely and proper manner
its obligation under this agreement, or if Consultant shall
violate any of the covenants, agreements or stipulations of this
agreement, City shall thereupon have the right to terminate this
agreement by giving written notice to consultant of such
termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished and unfinished documents, data, studies,
surveys, drawings and reports or other material prepared by
Consultant under this agreement shall, at the option of City,
become its property, and Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work
completed on such documents and other materials.
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Notwithstanding the above, Consultant shall not be relieved
of liability to City for damages sustained by City by virtue of
any breach of this agreement by Consultant, and City may withhold
any payments to Consultant for the purpose of set-off until such
time as the exact amount of damages due City from Consultant is
determined.
This agreement may not be terminated if the failure to
perform arises from unforeseeable cause beyond the control and
without the fault or negligence of Consultant.
XIII. Termination for Convenience of City. City may
terminate this agreement at any time by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of
such termination. In such event, all finished and unfinished
documents and other materials as described in paragraph XII above
shall, at the option of City, become its property. If the
agreement is terminated by City as provided herein or if
termination is due to the fault of persons other than Consultant,
Consultant will be entitled to be paid all compensation for work
performed to the the date of termination. Should this agreement
be terminated due to default of Consultant, paragraph XII hereof
relative to termination shall be applicable.
XIV. Changes. Should City require changes in the scope of
the services of consultant to be performed hereunder, such
changes, including any corresponding increase or decrease in the
amount of Consultant's compensation which shall be mutually
agreed upon by City and Consultant, shall be incorporated in this
agreement only by written amendments hereto.
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XV. Indemnification and Insurance. Consultant hereby
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agrees to indemnify City and maintain insurance during the term
of this agreement as set forth in Section VII of Exhibit "B", and
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Consultant agrees to all other conditions in Section VII.
XVI. Time of the Essence. Time is of the essence with
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respect to Consultant's performance under this agreement.
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XVII. Notice. All notices herein required shall be in
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writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
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Consultant
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Director of Personnel
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Personnel Research Center
The Pacific Personnel Grp
14052 Chagall Street
Irvine, CA 92714
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IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the date first hereinabove written.
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CITY
ATTEST:
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~;~Ll6~
t:ity Clerk
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PERSONNEL RESEARCH CENTER
BY:?~'. -^~
Title
Approved as to form:
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DL ASSIGNED PERSONNEL
A. Staff Resources
, ..
The Personnel Research Cptter staff members offer exceptional technical
and interpersonal relati(:lnship skills that are necessary to produce a study
of the highest technical quality and in a manner which is acceptable to
employees. The firm's interest and commitment to affirmative action and
equal opporhmity of employment are evidenced by a qualified staff
encompassing Black, Native American and Mexican-American representa-
tion as well as balanced male-female leadership.
Personnel Research Center will assign the following staff members to a
study for the City of San Bernardino:
B. Study Director, Authority to Act for Firm, Project Leader
Anita J. Jolmson
(Professional)
Ms. Johnson has fifteen years of industry and public personnel
experience with emphasis on classification, salary administration
and employee-employer relations including seven years of public
personnel administration experience. Ms. Johnson has eight years of
extensive classification and compensation experience, including four
years with the California State Personnel Board directing and
conducting studies for cities, school districts, special districts and
colleges, involving the study of up to I,ZOO positions. She also
served as Selection Service Supervisor for the State Personnel Board
in the Los Angeles Office. Ms. Johnson was on the founding
committee of the Cooperative Organization for the Development of
Employee Selection Procedures (CODESP), a public agency consor-
tium, and also served as a member of its exeqItive board. In the
private sector, Ms. Johnson has successfully performed classifi-
cation studies, on behalf of management, for unionized companies
wherein classification is a subject of negotiations. In each study the
results have been accepted as valid by the wiion and management.
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C. Alternate Dhector, Authority to Act for Firm
Dr. Edward M. Jones
(Public Works)
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Dr. Jones has a doctorate from USC in Industrial Relations and
eighteen years of personnel administration experience including
experience in the private and public sectors. Dr. Jones is nationally
recognized for his work and publications in the field of job analysis
and selection instrument validation. His job analysis and selection
validation expertise is particularly valuable in the development of
employment and selection standards on class specifications from job
analysis data as required by equal employment opportunity laws.
Dr. Jones has conducted organizational, classification, career
development and compensation studies involving clerical, profes-
sional, craft and public safety personnel. Dr. Jones also has
extensive experience in employer-employee relations, serving as a
consultant to employers under the NLRA, Meyers-Milias-Brown Act,
the EERA and the HEERA. Dr. Jones has developed and conducted
management training for city personnel within supervisory and
management levels.
D. Other Firm Staff Involved in the Study
Joseph ~esque
(Recreation and Parks)
Mr. Levesque, manager of Personnel Research Center's Sacramento
Office, has served as personnel manager for two northern California
municipalities and served on the staff of University of California,
Davis, as an instructor of public administration. Mr. Levesque has a
strong background in classification and compensation, particularly
as related to public works, utilities and management classes.
Mr. Levesque is a specialist in the conduct of wage and benefit
studies. Mr. Levesque has earned graduate level degrees in business
and public administration.
Nikki A. Barnard
(Clerical aDd Accounting)
Ms. Barnard came to the center with a background in classification
and salary administration with a major public employee union.
Ms. Barnard's seven years of public personnel experience have
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included specialization in classification, salary and benefit adminiS-
tration, and employer-employee relations. She has extensive knowl-
edge of clerical and behavioral sciences classification. She also has
developed affirmative action, recruitment, employee performance
and staff development programs. She has designed strategy for
negotiations and bargained contracts under the Meyers-Milias-Brown
Act for units covering more than 5,000 employees. Her master's
degree and undergraduate work in social services are well suited to
her professional assignment.
Tommarrier Peoples
(Clerical and Accounting)
Ms. Peoples serves as Personnel Analyst on classification and com-
pensation studies. Ms. Peoples graduated from Califomia State
University, Fullerton with a bachelor's degree in Biochemistry. Her
work experience emphasis has been in classification and com-
pensation analysis. She has researched and written reports and
advised on classification and compensation. Her training and
experience in interviewing, equal opportunity employment and fact-
finding have made her a valuable asset in the job analysis and
classification efforts of Personnel Research Center, as well as in
conducting compensation surveys.
Irma Rabago Boylan, Staff Consultant
(Alternate)
Mrs. Boylan's background includes a degree in Urban Planning and
Environmental Design and eight years of varied personnel experi-
ence encompassing specialization in recruitment, selection, classifi-
cation, employee development and employee relations working for
two major county agencies. She has developed and presen ted
supervisory and management training programs on managing
employee performance, employee evaluation, written communica-
tions and management by objectives. Mrs. Boylan's primary areas of
specialization in regard to classification are data processing and
related personnel, payroll, secretarial and clerical classes, and
analysis of management positions.
Stephen C. Green, Staff Consultant
(Alternate)
Mr. Green has seven years of public agency experience in classifica-
tion, salary administration, and employee relations work. His
background includes a degree in business administration, experience
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as a social worker, personnel analyst for a county department, and
promotion to a county agency personnel officer post. Mr. Green has
extensive experience in the study of clerical, building maintenance
and security occupations.
IV. CORPORATE CAPABILITY
A. Status of the Firm
The Personnel Research Center headquarters address is 14052 Chagall
Street, Irvine, California 92714.
The Personnel Research Center is one of two divisions of the Pacific
Personnel Group, founded in Irvine, California in 1975, and owned by
Anita J. Johnson. The firm has since expanded by opening an office in
Sacramento under the management of Joseph Levesque. By 1981, the
Personnel Research Center employed a professional staff of seven at its
Irvine Headquarters and offered a full word processing and reprographic
support staff.
Personnel Research Center has conducted classification studies of one to
several thousand positions and serves some public jurisdictions by provid-
ing ongoing classification and compensation support services. Personnel
Research Center has also had extensive experience in conducting quanti-
tative job evaluation and selection validation studies' and in conducting
recruitment and selection processes. Nearly every study of this type
conducted by the firm has had an appeals mechanism which, when utilized
with sincerity and integrity, has worked to satisfy both legal and
employee concems of validity and equity. The work of the Center has
received a high level of acceptance as measured by implementation of
every study conducted. Personnel Research Center has not been subject
to nor made aware of any litigation in connection within any of its work.
B. Financial Status of the Firm
The Personnel Research Center will supply the City with a full financial
disclosure upon award of the bid. The firm has been in continuous
business since 1975. A complete listing of clients in the appropriate
section corroborates the firm's ability to conduct the study. Of particular
importance is the work done for the Southem California Rapid Transit
District, an agency of over 10,000 employees.
C. Equal Employment Opportunity
The Personnel Research Center is an Equal Opportunity employer in
accordance with the provisions of the Civil Rights Act of 1964, the State
Fair Employment Practices Act, and all other applicable federal and state
laws and regulations relating to equal opportunity employment, including
Executive Order No. 11246 of September 24, 1965.
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