HomeMy WebLinkAboutA6393 - THE DAVIS COMPANY - CITYWIDE COMPENSATION STUDY CONSULTING SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into
on August 20, 2013, by and between the City of Palm Springs, a California charter city and
municipal corporation ("City"), and The Davis Company, a California limited liability company
("Consultant"). City and Consultant are individually referred to as "Party" and are collectively
referred to as"Parties".
RECITALS
A. City requires the services of a Personnel Consultant for a salary and
CalPERS benefits compensation survey for benchmark classifications
("Project").
B. Consultant has submitted to City a proposal to provide a salary and CaIPERS
benefits compensation survey to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City and Consultant hereby
agree as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide consulting services as described in the Scope of
Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by
reference ("services" or "work"). Exhibit "A" includes the agreed upon schedule of
performance and schedule of fees. Consultant warrants that all services and work shall be
performed in a competent, professional, and satisfactory manner consistent with prevailing
industry standards.
1.2 Compliance with the Law. Consultant services rendered under this Agreement
shall comply with all applicable federal, state, and local laws, statutes and ordinances and all
lawful orders, rules, and regulations.
1.3 Modifying the Agreement. If any unintended changes or any other events
beyond the parties' control require adjustments to this Agreement, the parties will make a
good faith effort to agree on all necessary particulars. Such agreements will be put in
writing, signed by the parties, and added to this Agreement.
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2. COMPENSATION OF CONSULTANT
2.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set
forth in Exhibit "A". The total amount of Compensation shall not exceed $25,000.00. Any
additional services shall require a separate written agreement.
2.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of
the invoice, no later than the first working day of such month, in the form approved by
City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A"
for authorized services performed. City shall pay Consultant for all expenses stated in the
invoice that are approved by City and consistent with this Agreement, within thirty (30) days
of receipt of Consultant's invoice.
2.3 Materials. Consultant will furnish all materials, equipment, and supplies used to
provide the services required by this Agreement.
3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any
time period extension must be approved in writing by the City. All work shall be completed
set forth in Exhibit"A".
3.2 Term of Agreement. This agreement shall be effective as of the date first set
forth above and shall terminate on the earliest of the date Consultant completes the services
required by this Agreement or the date a party terminates the Agreement as provided below.
3.3 Terminating the Agreement. City may terminate this Agreement at any time,
with or without cause, upon thirty (30) days written notice to Consultant. Where termination
is due to the fault of Consultant and constitutes an immediate danger to health, safety, and
general welfare, the period of notice shall be such shorter time as may be determined by the
City. Upon receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant
shall be entitled to compensation for all services rendered prior to receipt of the notice of
termination and for any services authorized by the Contract Officer after such notice.
Consultant may terminate this Agreement, with or without cause, upon thirty (30) days
written notice to City.
4. COORDINATION OF WORK
4.1 Independent Contractor Status. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Consultant's work product,
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result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
5. RECORDS AND REPORTS
5.1 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City. Consultant shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Consultant may retain copies of such documents for Consultant's
own use. Consultant shall have an unrestricted right to use the concepts embodied in such
documents.
5.2 Release of Documents. All drawings, specifications, reports, records, documents,
and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the City.
5.3 Cost Records. Consultant shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred while performing under this
Agreement. Consultant shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
6. MISCELLANEOUS PROVISIONS
6.1 Liability Waiver. Consultant agrees to hold harmless the City of Palm Springs,
including its employees, agents, officials, and officers, from any and all claims, demands,
actions, damages, or liabilities of any kind arising out of or in connection with Consultant's
provision of services under this Agreement, including without limitation any injury he may
suffer while performing such services regardless of the location. This waiver of liability shall
not extend to the City's negligence or willful misconduct.
6.2 Integrated Agreement. This Agreement (including attached exhibits) is the entire
Agreement between Consultant and City.
6.3 Notices. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set
forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of
mailing if mailed as provided in this Section. Either party may change its address by
notifying the other party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
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To Consultant: The Davis Company
Attention: Michael Davis
555 University Ave #116
Sacramento, CA 95825
6.4 Applicable Law. This Agreement will be governed by the laws of the state of
California.
6.5 Assignment and Dele ation. Neither Consultant nor City may assign its rights or
may delegate its duties under this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above.
City of Palm Springs APPROVED BY CNY MANAGER
(�2 '25ono"v—�b 7)
By:
David Ready, City M �jity��Clerk
ATTEST:
Date: �&;r-"' of
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Michael Davis, doing business as The Davis Company, Consultant:
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BY: 171La
Michael Davis
Not to Exceed cress Wn Written
Taxpayer ID Number: w 9�33,Y 7�S Without The Express
Authorization or The City
Date: G 13 Manager
Approvedlas to form - r .
Douglas Holland,, ity Attorney
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DAD ±�
MICHAEL DAVIS
JAMES D.WILLIAMS
August 14, 2013
Kim Hardcastle, PHA
Human Resources Analyst
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Hardcastle:
This letter includes an updated proposal to complete a city-wide compensation survey for the City
of Palm Springs.
Original Proposal Updated
The City of Palm Springs periodically undertakes compensation surveys to compare the City's pay
practices to other comparable agencies in the southern California region. In response to the City's
request, our original proposal for compensation survey assistance was first submitted on February 2,
2011. A complete copy of that original proposal is attached for informational purposes.
After receiving our original (first) proposal, the City decided to refine and change the scope of
services that it requires. Please see the following proposal, described on the following pages, which
has been updated at the City's recent request to meet its current needs.
Thank you. We look forward to providing compensation assistance to the City of Palm Springs.
Michael Davis
Managing Officer
555 University Avenue,Suite 116,Sacramento,CA 95825 TEL 916,567 9510 FAX 916-567.9540
401 Eleventh St.,Santa Monica,CA 90402 TEL 310567.6999
Objectives for This Engagement
The scope of the compensation survey engagement is:
a. To update the City's data base of survey information for approximately sixty (60) non-safety and ten (10)
safety benchmark classifications.
b. The survey will include nineteen (19) employers that largely are the same employers included in the City's
most recent prior surveys.
c. Comparable survey employer classifications are expected to be substantially the same as identified in the
City's most recent prior survey.
d. The survey data/ information to be obtained is: the most recently adopted minimum and maximum salary
rates for comparable survey employer classifications; and the most recently adopted PERS rates and
changes to local PERS policies. Benefit information other than PERS rates is not required for this survey.
(See items e and f below).
e. Survey data is to be submitted on worksheets that identify the City's benchmark classification title, survey
employers, minimum and maximum salary range rates that are typically applicable for all positions within
a given classification, excluding performance-pay and premium rates; and currently applicable PERS rates.
For comparative purpose, similar rates to those reported for survey employers shall be reported for the City
of Palm Springs.
f. In addition to the statistical survey data described in item a above, the survey reports (draft and final) shall
include supportive narrative as needed to describe comparative features of the labor market information.
g. Draft and Final reports are required.
h. The overall project schedule is seventy-five calendar days beginning from the date on which The Davis
Company receives written authorization to proceed from the City.
i. Monthly progress reports shall be submitted by the Consultant to coincide with the Consultant's monthly
invoice to the City.
Project Estimated Budget/Fee
Basic Survey: The survey scope described above will be completed for a gross fee of$24,750.00. Actual charges
will be invoiced to the City of Palm Springs based on the firm's Current Fee and Charge schedule that is attached
to this proposal. Both fees and expenses will be billed monthly based on work accomplished and expenses
approved/incurred, and are due upon presentation to the City.
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Other Services and Charges: At this time, the scope of other services and charges has not been determined to be
required or approved by the City. The following budget, or portion thereof, shall apply if and when the following
services are required and approved:
a. Additional charge to acquire survey data from four(4) special district fire protection employers (estimate =
$3,500.00 max.)
b. Additional charge for on-site services to be billed separately as required (estimate= $1,750.00 per site
visit; 2-3 site visits anticipated)
c. Separate charge for reports: $0.20 per page; $2.75 per bound volume plus postage; no charge for PDF
documents delivered electronically
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The Davis Company
Sacramento and Los Angeles, California
Standard Professional Fees and Rates
Effective July 1, 2010
Professional Fees Hourly Daily
I. Partner $242.00 $1,936.00
2. Principal $210.00 $1,680.00
3. Senior Consultant $175.00 $1,400.00
4. Associate $153.50 $ 1,228.00
5. Research Assistant $90.00 -----------
6. Production Specialist $ 65.00 -----------
Reimbursable Expenses
1. Outside printing,travel,postage and
long distance telephone charges Direct Cost
2. Copies/Printing/Scans $0.15 per page
3. Report covers&bindings $2.50 per volume
4. Faxes sent and received $0.15 per page
6. Use of Personal Auto $0.55 per mile
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