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R al p h A n d e r s e n
a A s s o c i a t e s
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between the Town of Tiburon ("the Town"), and
Ralph Andersen & Associates ("the Consultant").
1. Proiec~t Engagement . The Town agrees to engage the Consultant to perform
those services described below, for completion of the project described as
follows: Salary and Benefits Study (the "Project"). The study will include 13
management and mid-management positions.
2. Services. The Consultant agrees to perform certain services necessary for
completion of the Project, which services shall include, without limitation,
the following:
a Prepare for and conduct project initiation meetings to confnn the workplan
with the appropriate staff representing the Town.
b. Document, review and confirm the Town's compensation policy including
the identification of up to IS labor market survey employers.
a Collect labor market total compensation data
d. Compile and analyze the total compensation data
e. Develop salary recommendations for each of the thirteen classifications.
f. Develop. implementation strategy options and compute implementation costs.
g. Prepare and review the draft compensation report with the appropriate Town
staff
h. Finalize the compensation report.
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Professional Services Agreement
Town of Tiburon
Salary and Benefits Study
Page 2
A complete description of the services to be provided are contained in a
proposal from the Consultant to the Town, dated December 21, 1992, which
is incorporated herein by reference.
3. Relation shiu. The Consultant is an independent contractor and is not to be
considered an agent or employee of the Town.
4. Compensation. As full compensation for the Consultant's services performed
hereunder, the Town shall pay the Consultant the total fixed amount of $4,000
(Four Thousand Dollars) ("fixed fee"), including both professional services
and project expenses.
5. Compensation for Additional Services. In the event the Town requires
services in addition to those described in Paragraph 2, the Consultant shall
be compensated at the Consultant's standard hourly rates for professional
services, plus reimbursement of expenses.
6. Method of Payment. Progress payment of the Consultant's professional
services fee and expenses shall be made on a monthly basis by the Town upon
receipt of billings from the Consultant.
7. Terns. The term of this agreement shall commence immediately upon receipt
of a fully executed contract, at which time the Consultant shall begin work
on the Project and shall continue, subject to the termination provisions of
Paragraph 8, until the date that the Consultant completes the Project. The
time of completion of the Project is estimated to be 6 (Six) weeks.
8. Termination. This agreement may be terminated: (a) by either party at any
time for failure of the other party to comply with the terms and conditions
of this Agreement; (b) by either party upon 10 days prior written notice to
the other party; or (c) upon mutual written agreement of both parties. In
the event of termination, the Consultant shall stop work immediately and shall
be entitled to compensation for professional service fees and for expense
reimbursement to the date of termination.
Professional Services Agreement
Town of Tiburon
Salary and Benefits Study
Page 3
9. Insurance. The Consultant shall maintain in force during the term of the
agreement, Comprehensive General Liability Insurance with the Extended
Liability Endorsement, including Personal Injury; Commercial Umbrella
Liability; Automobile Liability Insurance, including Non-Owned and Hired
Liability; and Workers' Compensation and Employers' Liability Insurance.
Such insurance shall be in amounts reasonably satisfactory to the Town.
10. Hold Harmless. The Consultant shall be responsible for its acts of negligence,
and the Town shall be responsible for its acts of negligence. The Consultant
agrees to indemnify and hold the Town harmless from any and all claims,
demands, actions and causes of action to the extent caused by the negligent
acts of the Consultant, its officers, agents and employees, by reason of the
performance of this agreement. This indemnity shall not be construed to
require indemnification of others.
11. Miscellaneous.
a. The entire agreement between the paWes with respect to the subject matter
hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be
assigned or delegated by the Consultant without the prior written consent
of the Town.
G This agreement shall be modified only by a written agreement duly executed
by the Town and the Consultant.
d Should any of the provisions hereunder be found to be invalid, void or
voidable by a court, the remaining provisions shall remain in full force and
effect.
e. This agreement shall be governed by and construed in accordance with the
laws of the State of California.
Professional Services Agreement
Town of Tiburon
Salary and Benefits Study
Page 4
f. All notices required or permitted under this agreement shall be deemed to
have been given if and when deposited in the United States mai4 properly
stamped and addressed to the party for whom intended at such party's
address listed below, or when delivered personally to such party. A party may
change its address for notice hereunder by giving written notice to the other
pail'.
APPROVED:
Dated: -3- cZ_ 1993 RALPH ANDERSEN & AssmATEs
By
Title
1446 Ethan Way, Suite 101
Sacramento, California 95825
Dated: Z - 1993 TOWN OF HURON
By
Title T ~ &AA/ a;°
1155 Tiburon Boulevard
Tiburon, California 94920
RAA/41591