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HomeMy WebLinkAboutAgr 2001-02-07 (Sally Brian) TOWN OF TIBURON 1505 TlBURON BOULEVARD. TlBURON . CALIFORNIA 94920 . (415) 435-7373 FAX (415) 435-2438 Office of the Town Attorney (415) 435-7370 February 14, 2001 Ms. Sally Brian 1876 London Ranch Road Glen Elen, CA 95442 Re: Agreement for Compensation Survey Dear Ms Brian: I enclose a fully executed original of your contract with the Town of Tiburon to perform the. subject study. We look forward to working with you. If you have any questions, please call me at (415) 435-7370. Very truly yours, ~~#- Ann R. Da orth Town Attorney Enclosure cc: Alex, McIntyre, Town Manager (w/o enclosure) Richard Stranzl; Finance Director (w/enclosure) ~ , SALL Y BRIAN EXHIBIT NO.~ . uman Resource Management 1876 London Ranch Road Program Evaluation Glen Ellen, CA 95442 Employee Relations Voice: (707)996-3355 FAX (707)996-2803 email: swan@metro.net February 2, 2001 RECEIVED Alex Mcintyre, Town Manager Town of Tiburon fEB 1.3 2001 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OfFICE Subject: Proposal to conduct total compensation study ftJWN OF TlBYRON Dear Mr. Mcintyre: I propose to conduct a compensation review for the Town of Tiburon that recognizes the town's particular needs in the current economic environment. This study will include an analysis of the classes used by the town to determine and recommend appropriate benchmarks to use in the study. Relationships of other classes to the benchmarks will be reviewed and recommendations made for appropriate internal alignment. Competitors will be identified and recommendations will also be made on the appropriate labor market to survey for each of the benchmarks. After the benchmarks and labor market have been selected, selected agencies will be surveyed for their compensation practices, salaries paid, and agency contributions toward a variety of benefits. Data will then be analyzed and implementation recommendations will be made. Study tasks will include: 1. Analysis of town classifications to determine benchmarks and relationships to other classes. 2. Discussion with Town Manager to finalize survey design, benchmarks and labor market. 3. Data collection-including job descriptions, MOUs, amounts contributed and compensation practices. 4. Data analysis. 5. Review of initial findings with Town Manager. 6. Preparation of final report including recommendations. Report can be presented and discussed with the Town Council if this is deemed appropriate. This study can be performed for $5000 and can be completed by March 31, 2001. If you have any questions about this proposal, please contact me at (707) 996-3355. Sincerely yours, \ oJ oJJ\ ~~ Sally Brian Consultant AGREEMENT FOR PROFESSIONAL SERVICES - COMPENSATION SURVEY TInS AGREEMENT, made and entered this _ day of , 2001, by and between the TOWN OF TffiURON, a political subdivision of the State ofCalifomia, hereinafter called "Town," and SALL Y BRIAN, hereinafter referred to as "Consultant," RECITALS A. The Town's goal is to provide exemplary service to its residents and to persons doing business within the Town. In pursuit of that goal, the Town intends to hire and retain a skilled work force. B. The maintenance of a skilled work force requires competitive compensation packages. The T own has not reviewed its compensation packages for some years and is concerned that in light of changes to the local economy, its compensation packages may no longer be competitive. C. The Consultant is experienced in performing compensation surveys of other employers comparable to the Town. Therefore, the parties wish to contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference, in accordance with all applicable State requirements. AGREEMENT 1. Scope of Consultant Services. Consultant shall conduct a compensation study, prepare a report with recommendations, and provide associated services, all as described in Exhibit A, which is attached hereto and incorporated herein by reference (" Services"). Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible fot the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be five thousand dollars ($5000), which shall be payment in full for all Services. Payments shall be due thirty days after completion of the Services in a manner acceptable to the Town and submission of an invoice. 3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. Prof Services, Compo Survey, Brian.doc 1 4. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 5. Attendance at Hearings. If requested by the Town Planning Director, Consultant shall appear at Council or other hearings that pertain to the Services. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies: A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of$l,OOO,OOO for each single occurrence and $2,000,000 annual aggregate. 8. Ownership of Documents: Re-Use: Indemnity. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Project described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. Any such re-use by Town without specific written approval by Consultant shall be at Town's sole risk. Town shall indemnify and hold Consultant harmless from all claims, losses, ,damages and expenses, including attorneys fees, that may arise from Town's unauthorized re-use of said documents for another project or for any expansion of the Project. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Prof Services, Compo Survey, Brian.doc 2 .. .~ Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an. extension of time for performance, as appropriate. 10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and! or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Miscellaneous. A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. Prof Services, Compo Survey, Brian.doc 3 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT OF TffiURON ,- ~ Prof Services, Compo Survey, Brian.doc 4