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HomeMy WebLinkAbout8.3 Personnel Support Dougherty Fire Authority CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 14, 1988 SUBJECT City Assumption of Personnel Support Services to Dougherty Regional Fire Authority EXHIBITS ATTACHED Consultant Agreement RECOMMENDATION 1 ) Approve Consultant Agreement and authorize Mayor to execute said Agreement -/ 2) Authorize transfer from the Contingent Reserve in the amount of $18, 000 to the City Manager ' s Activity Account FINANCIAL STATEMENT: Estimated cost for Fiscal Year 1987-88 - $18, 000 (not including additional secretarial and legal support services. A Budget Transfer from the Contingent Reserve will be required. DESCRIPTION On January 26, 1988, the Dougherty Regional Fire Joint Powers Agreement became effective. This Joint Powers Agreement and the Authority Bylaws provide that the City of Dublin is responsible for providing personnel support services, including workers ' compensation administration, administration of all employee benefit programs, collective bargaining responsibility and administration of all other personnel activities . The City will have responsibility for handling the development and on-going administration of these activities for approximately 50 employees of the JPA, and three (3) recognized bargaining units . In addition to the personnel responsibilities, the Board of Directors of the Dougherty Regional Fire Authority appointed the Dublin City Manager as the Authority' s first Chief Executive Officer for a period of approximately 16 months . This means the City of Dublin will be responsible for the Authority Agenda preparation, -.Authority meeting minutes, and act in a lead capacity for the start-up of Authority operations . The City Manager has evaluated the available time of the current Staff in the City Manager ' s Office to assume these additional responsibilities and has concluded that there is insufficient time available to assume these support services and leadership role without additional Staff. In that the Fire JPA will become operational on July 1, 1988, there .is insufficient time to recruit any permanent new Staff. Therefore, Staff has identified and interviewed Pamela Robbins, an independent personnel professional who is interested in working for the City as an independent contractor on an hourly basis. Under the terms of the attached standard consultant agreement, the City would provide office space, supplies, and secretarial support. Ms. Robbins would provide for her own liability and workers ' compensation insurance coverage, as well as her own transportation costs. Staff has estimated that approximately $18, 000 in contract services would be needed between now and July 1, 1988. As part of the 1987-88 budget review, Staff anticipates evaluating the need for a full-time permanent position. The City also anticipates that additional secretarial costs and legal services will be required. However, at this time, it is too early to accurately predict the impact of assuming the Fire JPA personnel support services . Staff will report back to the City Council regarding additional secretarial and legal costs once the impacts are precisely identified. As provided in the Fire Authority Bylaws, all costs attributable to providing support services to the JPA will be tracked and adjustments will be made to the City' s Fire Service Cost allocation, should Dublin' s costs for support services exceed San Ramon' s support service costs or vice versa. ------------------------------------------------------------------ COPIES TO: ITEM. NO. + CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of 19—, by and between the CITY OF DUBLIN, a municipal corporation ( "City" ) , and ( "Consultant" ) , who agree as follows : 1 . SERVICES . Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place and in the manner specified in Exhibit A. 2 . PAYMENT . City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhbit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. '3 . FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall , at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4 . GENERAL PROVISIONS . The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 6/5/87 -1- 5 . EXHIBITS . All exhibits referred to herein are attached hereto and are by this reference incorporated herein . Executed as of the day first above stated. CITY OF DUBLIN, a municipal corporation By "Mayor" Attest: City Clerk By r—�Iy\"(�CJ "Consultant" 6/5/87 -2- EXHIBIT A SCOPE OF SERVICES A. TASKS FOR TRANSFER OF DSRSD FIRE DEPART14ENT TO FIRE JPA Workers ' Compensation 1 . Evaluate Workers ' Compensation Program to determine the most cost effective method of providing coverage, i .e. , State Fund, Self-Insurance, or Self-Insurance Pool . 2 . If Self-Insurance, prepare request for proposal for excess insurance carrier and claims administrator. 3 . Review pending injury cases and provide for appropriate handling of cases upon transition. 4 . Identify adequacy of present medical care location and rules and regulations in handling a disability claim. Employee Benefits 1 . Identify all existing employee benefit programs provided to fire department employees and get copies of all contract, agreement and program materials including but not limited to : a. Deferred Compensation b. Life Insurance C . Medical Insurance d. Dental Insurance e . Short Term Disability f. Long Term Disability g. PERS/Social Security Coverage h. Credit Union/Banking i . Uniform Allowance j . Leave 2 . Determine what arrangements need to be made to transfer above benefit programs to new JPA and process necessary applications to accomplish transition. 3 . Arrange with City of San Ramon Finance Director for the accounting of all fringe benefit programs and payroll . 4 . Make arrangements for handling retirees medical insurance coverage and transfer of retirement liability if necessary. Personnel Rules & Regulations 1 . Develop a set of personnel rules and regulations for the new Fire JPA, which includes the handling of grievances, FLSA, overtime, etc . 2. Develop a position classification plan for the new JPA. 3 . Review the current method of recruiting new employees and determine if changes need to be made. 4 . Develop a performance evaluation procedure and form. S. Determine whether JPA needs to adopt a salary and benefit plan, or whether existing MOU' s suffice . Collective Bargaining 1 . Develop necessary background information to assist JPA Management Negotiating Team in meeting with representatives from 3 represented units . 2 . Obtain MOU' s for all 3 bargaining units . Make certain provisions of existing agreements are included. 3. Identify steps necessary for bargaining unit recognition by JPA. B. GENERAL Perform other general administrative assignments as directed by the City, which will facilitate the transfer of services from the Dublin San Ramon Services District to the City of Dublin and the Dougherty Regional Fire Authority. Perform other general administrative assignments for the City of Dublin as may be required. EXHIBIT B I . RATE OF PAY The base rate of pay to the Consultant shall be $36. 00 (thirty six dollars ) per hour . II . HOURLY RATE - ALL INCLUSIVE The hourly base rate shall be inclusive of wages, benefits, any overhead including insurance coverage, profit, transportation, and mileage expenses . City shall not pay any additional sum for any services rendered pursuant to this Agreement. III . INVOICES The Consultant shall submit invoices on a monthly basis . The number of hours worked should be in increments of not less than one quarter hour. City shall process and pay said invoices within 30 days of receipt. Consultant shall maintain adequate logs and timesheets . IV. ADDITIONAL WORK City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by an official of City authorized to obligate City thereto prior to the time such extra services is rendered. V. TERMINATION OF AGREEMENT The services to be provided under this Agreement may be halted or postponed at any point in time at the sole and exclusive discretion of the City. In this event, City shall compensate the Consultant for all outstanding costs incurred to date of written notice thereof and terminate this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. EXHIBIT C City shall furnish physical facilities such as desks , filing cabinets , and conference space, as may be reasonably necessary for Consultant ' s use while consulting under this agreement . The City shall also furnish the following services : telephone, reproduction and clerical support for use in performing the duties pursuant to this agreement. EXHIBIT D GENERAL PROVISIONS 1 . INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant' s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant ' s obligations pursuant to this Agreement. Time is the essence of this Agreement. 4 . INSURANCE. (a) Public Liability and Property Damage. The Consultant shall take out and maintain in the name of the Consultant and the City during the life of the Agreement, such public liability insurance as shall protect himself, the City, its officials, officers, directors, employees and agents from claims which may arise from operations under the Agreement, whether such operations be by himself, by subcontractors, or by anyone directly or indirectly employed by either of them. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property resulting from the Consultant' s, City' s or subcontractor' s operations, use of owned or non-owned automobiles, products, and completed operations . The amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability .and property damage: $300, 000.00 or a lesser amount deemed sufficient by the City Manager. The following endorsements must be attached to the policy, unless otherwise waived by the City Attorney: (1) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence" . (2) The policy must cover personal injury as well as bodily injury. ( 3 ) The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries , personal injuries and property damage must be eliminated from the basic policy endorsements . (4) Broad form property damage liability must be provided. Deductible shall not exceed $500 without special approval of the City. ( 5 ) The City must be named as an additional named insured under the coverage afforded with respect to the work being performed under the Agreement . ( 6 ) An endorsement shall be provided which states the coverage is primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage. ( 7 ) The insurance policy shall contain a standard form of cross-liability. ( 8 ) The insurance policy shall provide for an unconditional notice of cancellation. Should the policy or policies be cancelled before the expiration date thereof , the issuing company will mail 30 days written notice to the City. (b) Workers ' Compensation. Consultant represents to City that she as no employees an will not hire any employees to assist her in performing the services required pursuant to this Agreement . Consultant is therefore not required to maintain workers ' compensation insurance . Consultant hereby waives any rights she may have against City under the Workers ' Compensation Law on account of any injuries or illnesses susstained by Consultant during ther term of this Agreement. (c ) Certificate of Insurance . Consultant shall take out and keep policies of public liability, property damage , workers ' compensation and professional liability insurance in full force and effect during the term of this Agreement and shall submit to City a policy, certificate or certificates of insurance evidencing such coverage prior to commencement of work. 5 . CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall ave no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent . Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6 . ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement . Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect . 7 . STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial , first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant ' s profession. 8. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, sha bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City employees , or to parties designated in any Special Provisions , on account of the performance or character of the work, unforeseen difficulties , accidents , occurrences or other causes predicated on active or passive negligence of the Consultant or of any subcontractor. Consultant shall indemnify and 'hold harmless the City , its officers , officials , directors , employees and agents from and against any or all loss , liability, expense , claim, costs ( including costs of defense ) , suits , and damages of every kind, nature and description directly or indirectly arising from the performance of the work. Approval of the insurance contracts does not relieve the Consultant or subcontractors from liability under this Hold Harmless and Responsibility of Consultant ' s clause . 9 . GOVERNMENTAL REGULATIONS . To the extent that this Agreement may be tunded by tiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 10 . INTEREST OF CONSULTANT. In accepting this Agreement , Consultant covenants that it presently has no interest , and shall not acquire any interest , direct or indirect , financial or otherwise , which would conflict in anv manner or degree with the performance of the services hereunder. Consultant further covenants that , in the performance of this Agreement , no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. 11 . OWNERSHIP OF WORK PRODUCT. If requested in writing by the City, all documents prepared by Consultant shall become the property of the City upon completion of the project or termination of this Agreement . The Consultant may retain a copy of all material produced by Consultant pursuant to this Agreement for use in its general business activities . Should the City desire to use the work completed under this Agreement for purposes other than those intended under this Agreement , the City will notify Consultant in writing prior to any other reuse of said documents .