6-15-2021 AGENDA ITEM NO.11 - CONSIDERATION OF AN AGREEMENT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS, INC TO PROVIDE A CLASSIFICATION AND COMPENSATION STUDYAGENDA ITEM NO. 11
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: June 15, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN AGREEMENT WITH PUBLIC SECTOR PERSONNEL
CONSULTANTS, INC. TO PROVIDE A CLASSIFICATION AND COMPENSATION STUDY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to negotiate and execute a Professional
Services Agreement, in an amount not to exceed $49,500, with Public Sector Personnel Consultants, Inc. to provide
a City-wide Classification and Compensation Study. It is further recommended that the City Council authorize the
City Manager to execute any amendments to the Agreement.
BACKGROUND:
Municipalities use classification studies, which are a systematic framework for grouping jobs into common
classifications based on similarities in duties responsibilities and requirement, to make a variety of human resource
decisions. A classification study helps cities make appropriate decisions regarding:
• Organizational development and change management;
• Design of an equitable and competitive salary structure;
• Development of job -related recruitment and selection procedures;
• Clear and objective appraisal of employee performance; and
• Development of career paths, training plans and succession planning.
A classification plan can also effectively support systems of administrative and fiscal control.
West Covina has not conducted nor updated a City-wide classification plan. The City has been reactive in
updating class specifications based on individual positions and not on a comprehensive City-wide approach. Within
the last ten (10) years, positions have been realigned and created, including the reorganization of several
departments. As such, a classification plan is needed to more accurately reflect current job duties and requirements
of the position, including physical requirements and essential job functions to comply with any regulatory
requirements.
DISCUSSION:
On April 15, 2021, City staff released a Request for Proposals for a Classification and Compensation Study. Three
proposals were received from qualified firms on May 6, 2001. After a comprehensive bid analysis, Public Sector
Personnel Consultants, Inc. was selected as the most qualified and cost-effective bidder.
11 Vendor Quote
Evergreen Solutions LLC $47,500
Public Sector Personnel Consultants* $70,000
Koff and Associates $109,760
*It should be noted that after negotiations, the cost of the Public Sector Personnel Consultants agreement would not
exceed $49,500 as the consultant would be a paid as work is completed.
Public Sector Personnel Consulting Consultants, Inc. was distinguished from the other firms because of their
experience with municipal agencies and their specialization in human resources for public employers. Over 1,100
public employers have been served by members of their firm including cities such as Montebello, Upland, and
Rosemead for example.
Public Sector Personnel Consultants will perform a City-wide classification and compensation study on full-time
benchmark position titles using 10 comparison survey agencies.
The scope of the project for the City of West Covina is as follows:
The project will include a management and employee communication plan; partnership with the City's
Human Resources staff, City Manager, Council, and project designee(s); occupational, organizational, and
operational familiarization; Position Analysis Questionnaire (PAQ) and job analysis for all classifications;
worksite job information interviews; position classification and job title recommendations for all employees
and classifications; FLSA designations; updated classification specifications; EZ COMPTM (vendors
class/comp program); internal equity and external competitiveness evaluation; salary and benefits
compensation survey and competitiveness analysis; salary range recommendations; fiscal impact estimates
and multiple implementation scenarios; updated classification and compensation plan and one year of
classification and compensation plan implementation support for all included employees in all job
classifications.
At the completion of the survey, Public Sector Personnel Consultants will conduct a workshop or formal
presentation of the final report and recommendations as well as will review and comment on employee
feedback and appeals to position classification recommendations. Also, to ensure effective implementation of
the new plan, the firm will analyze, evaluate, and provide a salary range recommendation for any new or
changed job class at no cost to the City for one (1) year.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the Professional Services Agreement as to form.
OPTIONS:
The City Council has the following options:
1. Adopt staff s recommendation; or
2. Provide alternative direction.
Prepared by: Helen Tran, Director of Human Resources/Risk Management Department
Fiscal Impact
FISCAL IMPACT:
Funding is available from the Human Resources Professional Services General Fund
Account No. 110.14.1410.6110.
Attachments
Attachment No. 1 - Agreement with Public Sector Personnel Consultants
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Enhance the City Image and Effectiveness
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
PUBLIC SECTOR PERSONNEL CONSULTANTS, INC.
FOR
CLASSIFICATION AND COMPENSATION STUDY SERVICES
THIS AGREEMENT is made and entered into this 15th day of June, 2021 ("Effective
Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and
PUBLIC SECTOR PERSONNEL CONSULTANTS, INC., an Arizona corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to City to provide classification and compensation study services, as more fully
described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Consultant is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described herein and desire to set forth their rights, duties and liabilities in connection with the
services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement; and
E. WHEREAS, Consultant responded to the City's Request for Proposals ("RFP")
dated April 15, 2021, incorporated via this reference as if fully set forth herein, and Consultant's
response to the Request for Proposals was a material inducement to the City ultimately entering
into this agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's RFP and in the Scope of Services attached hereto as Exhibit "A" and incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
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performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement. Consultant shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant
to comply with this section.
1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement.
1.8. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
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pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. City shall pay Consultant in accordance with the fee schedule
attached hereto as Exhibit "B" and incorporated herein. Consultant's total compensation shall not
exceed Forty -Nine Thousand Five Hundred Dollars ($49,500.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City,
prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional services
or additional compensation shall be barred and are unenforceable. Should the City request in
writing additional services that increase the Scope of Services, an additional fee based upon the
Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
Such increase in additional fees shall be limited to 25% of the total contract sum or to the
maximum total contract amount of $25,000, whichever is greater. The Department Head or City
Manager is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Consultant's services which have been completed to City's sole satisfaction. City shall pay
Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement shall commence
within five (5) days from the Effective Date of this Agreement. Failure to commence work in a
timely manner and/or diligently pursue work to completion may be grounds for termination of this
Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the parry or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
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laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Consultant is encountered, a time extension may be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall present
documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
through May 31, 2022, unless previously terminated as provided herein or as otherwise agreed
to in writing by the parties. Thereafter, this Agreement may be extended for one (1) additional one
(1) year period.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Consultant. In the event of such termination, Consultant shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
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the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Consultant, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company authorized to do business in California, with
a current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Consultant agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Consultant for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Consultant certifies as follows:
I am aware of, and will comply
Code, requiring every employer
Workers' Compensation or to
commencing any of the work.
with, Section 3700 of the Labor
to be insured against liability of
undertake self-insurance before
The Consultant shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
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furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
responsible for any claims in law or equity occasioned by failure of the
consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00)
aggregate. Architects' and engineers' coverage shall be endorsed to
include contractual liability. If the policy is written as a "claims made" policy,
the retroactivity date shall be prior to the start of the work set forth herein.
Consultant shall obtain and maintain said E&O liability insurance during the
life of this Agreement and for five (5) years after completion of the work
hereunder. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a retroactive date prior to the
effective date of this Agreement, Consultant shall purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the
work.
If the Consultant maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or
used by the Consultant; automobiles owned, leased, hired, or borrowed by
the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Consultant's insurance coverage shall be primary
insurance as respects the City of West Covina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any
right to subrogation which any insurer of said Consultant may acquire
against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
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(a) Coverage Not Affected: Any failure to comply with the reporting provisions
of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City may require the Consultant
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery, Email
or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed
envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S.
postmark if such communication is sent through regular United States mail.
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IF TO CONSULTANT:
Public Sector Personnel Consultants
149 S. Barrington Ave. #726
Los Angeles, CA, 90049
Tel: (888) 522-7772
Email: matt@pspc.us
Attn: Matthew Weatherly, President
IF TO CITY:
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (626) 939-8450
Email: htran@westcovina.org
Attn: Helen Tran, Director of
Human Resources/Risk Management
6.4. Attorneys' Fees. If litigation is brought by any party in connection with this
Agreement, each party shall be responsible for its own costs and expenses, including attorneys'
fees.
6.5. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.6. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall
be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.7. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of
City's choosing, indemnify, hold free and harmless the City, its elected and appointed officials,
officers, agents and employees, at Consultant's sole expense, from and against any and all
claims, demands, actions, suits or other legal proceedings brought against the City, its elected
and appointed officials, officers, agents and employees arising out of the performance of the
Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to
this Agreement. The defense obligation provided for hereunder shall apply without any advance
showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized
subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its
basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or
authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability
against the City, its elected and appointed officials, officers, agents and employees based upon
the work performed by the Consultant, its employees, and/or authorized subcontractors under this
Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are
specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the
Consultant shall not be liable for the defense or indemnification of the City for claims, actions,
complaints or suits arising out of the sole active negligence or willful misconduct of the City. This
provision shall supersede and replace all other indemnity provisions contained either in the City's
specifications or Consultant's Proposal, which shall be of no force and effect.
6.8. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
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Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.9. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.10. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.11. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
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Public Sector Personnel Consultants, Inc.
Form Revised November 2020
cost to the City. Consultant or Consultant's agents shall execute such documents as may be
necessary from time to time to confirm City's ownership of the copyright in such documents.
6.12. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Consultant shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
6.13. Economic Interest Statement. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant
is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest
Statement (Form 700) with the City Clerk, for each employee providing advice under this
Agreement, prior to the commencement of work, unless waived by the City Manager.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest
in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder, including in any manner in violation of the Political
Reform Act. Consultant further covenants that in the performance of this Agreement, no person
having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Consultant and/or its subconsultants shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.15. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.16. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.17. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
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Public Sector Personnel Consultants, Inc.
Form Revised November 2020
6.19. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement and have had an adequate opportunity to review each and every provision of
the Agreement and submit the same to counsel or other consultants for review and comment. In
the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the parties and in accordance with its
fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party
by virtue of the authorship of any of the provisions of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26. Taxpayer Identification Number. Consultant shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
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Public Sector Personnel Consultants, Inc.
Form Revised November 2020
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
Date:
David Carmany
City Manager
CONSULTANT
Date
Matthew Weatherly
President
Date
Tara Weatherly
Board Secretary
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Date:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Helen Tran
Human Resources and Risk Management
Director
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Date:
Public Sector Personnel Consultants, Inc.
Form Revised November 2020
EXHIBIT A
SCOPE OF SERVICES
Project Planning and Communication
1. Project planning and scheduling meetings with the City's Human Resources Staff and
project designee(s)
2. Policy input and project direction meeting and briefing with Council, Human Resources,
designee(s)'
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
Classification Project Tasks
1. Occupational familiarization by review of City's current class specifications and
compensation plans
2. Organizational familiarization by review of City organization charts, budgets, and annual
reports
3. Position Analysis Questionnaire (PAQ) customized for gathering City employee
occupation data
4. Meetings to distribute and explain the PAQ and the project for all City officials and
employees'
5. Job information interviews / field observations with representatives of each class'
6. Determination of job classification and FLSA Exempt / Non -Exempt interpretation for
each position
7. Recommended title modifications and reclassifications for consideration by department
heads
8. Review of position classification recommendations with City's project staff and
respective departments
9. Preparation of updated class specs for each needed City job classification
Custom and Comprehensive Market Compensation Surveys
1. Identification of City's competitive employment areas for compensation surveys, for City
approval
2. Identification of City occupations to utilize as survey benchmark job classifications
3. Solicitation of comparator employers and agencies for participation in external
compensation surveys
4. Extraction of data from public employer compensation plans, questionnaires, reliable
published surveys
5. Consolidation of base/total comp data from market, calculation of prevailing rates for
some/all jobs
6. Computation of extent City's compensation offerings vary from external prevailing rates
and practices
7. Review of competitiveness analysis with Human Resources, City Officials and City's
project designees
Compensation Plan Development
1. Construction of optional salary range structures for review and selection by City's project
leaders
2. Assignment of job classes to salary ranges by internal equity and external
competitiveness
3. Assistance with City Council identification of desired, affordable salary competitiveness
policy
4. Fiscal impact estimates at various levels of external prevailing rates competitiveness
policies
5. Review and critique of draft salary and implementation plans with Human Resources,
project leaders
Communication of Results and Implementation Strategies
1. Preparation and presentation of final project reports for the City Council, staff, and City
Officials'
2. Development of a plan for the implementation of City's updated classification and
compensation plan
3. Uploading of EZ COMP' program files on a Human Resources Department computer,
staff training
4. Development and provision of process for ongoing plan maintenance and subsequent
plan updates
5. Assistance with communicating the City's updated plans for all City officials and
employees
6. One year classification and compensation plan maintenance assistance at no cost to
the City
* all services also available virtually pending Covid-19 restrictions*
EXHIBIT B
FEE SCHEDULE
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.
All-inclusive, Not -to -Exceed Option
- Kick off Meetings, Employee Briefings, Position Classification and Job Titling
$ 2,500
- Up to 50 Desk Audits / Job Information Interviews
$ 4,500
- Up to 75 Updated Classification Specifications
$ 5,000
- Total Compensation Survey, Target 50 Benchmarks
$ 33,000
- From Surveys, Compensation Plan, Draft Reviews, Final Presentations
$4,500
Total Not -to -Exceed:
$ 49,500
"Cafeteria Style" Breakdown of Available Services
- Flat Rate Placeholder for Kick Off Meetings, Planning Meetings
$ 1,500
- Position Classification and Job Titling Recommendation (per job)
$ 100
- Desk Audits / Job Information Interviews (each)
$ 90
- Updated Classification Specifications (each)
$ 67
- Total Compensation Survey (perjob)
$ 660
- Recommended Pay Range Model or Range Placement (per job)
$ 100
- Flat Rate Placeholder for Reporting and Final Draft Meetings
$ 2,500
B. FLEXIBLE WORK PLAN, NEGOTIABLE TOTAL COST, TERMS
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.
WCCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/21
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