Professional Services Agreement Agreement No. <23-004-CM> City Attorney Approved Changes- 010623 HR Consulting
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on January 17, 2023, between the City of Hercules, a California municipality (“City”), and Regional Government Services (RGS), a Joint Powers Authority (JPA) Agency (“Consultant”) (individually, a “ Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services, in accordance with Section 3.2, specified in Attachment A.
2. Term. This Agreement will become effective on January 17, 2023 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated soone r in accordance with Section 10 of this Agreement .
Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed FIFTY THOUSAND DOLLARS ($50,000), without prior written authorization by City, pursuant to the terms set forth in Attachment A on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs.
Except as expressly provided in Attachment A, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Con sultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the ma nner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City. Further, City confirms that Consultant employees are not assuming and are not expected to assume any City staff position(s).
Notwithstanding the foregoing and for the avoidance of doubt, In the event that any Consultant employee or subconsultant providing services under this Agreement is deter mined by a court of Agreement No. 23-004-CM
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competent jurisdiction or the C ity’s Retirement Program (such as CalPERS, a pension plan, or Social Security) to be eligible for enrollment in the Retirement Program as an employee of the City, to the fullest extent of the law, C ity shall indemnify, defend, and hold harmless C onsultant for any Retirement Program contribution payment that City is required as a result to make to the Retirement Program as well as for the payment of any penalties and interest on such payments, if any.
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practic es and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delive ry unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Regional Government Services (RGS)
111 Civic Drive P.O. Box 1350
Hercules, CA 94547 Carmel Valley, CA 93924
(510) 799-8200 (844) 587-7300 / (650) 587-7303
Attn: City Clerk Attn: Bobbi Bennett
[email protected]
Copy to: Dante Hall Copy to: Anna Marie Will
[email protected] [email protected]
[email protected]
7. Indemnity.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel reasonably acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all third party liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature to the extent arising out of or in connection with Consultant’s negligent acts or omissions with respect to this Agreement, except such Liability caused by the negligence or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11
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by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement.
7.2 City ’s indemnity obligations . City shall indemnify, defend and hold harmless Consultant and its officers, directors, employees and agents from any and all claims and lawsuits where such persons are named in the lawsuit solely because of a duty any of them performs in accordance with the services outlined in Exhibit B.
It is the intent of the parties here to define indemnity obligations that are related to or arise out of City’s actions as a governmental entity. Thus, City shall be required to indemnify and defend only under circumstances where a cause of action is stat ed against Consultant, its employees or agents:
a. which is unrelated to the skill they have used in the performance of the duties delegated to them under this Agreement;
b. when the allegations in such cause of action do not suggest the active fraud or other misconduct of Consultant, its employees, or agents; or c. where a City employee, if he had been acting in a like capacity, otherwise would be acting within the scope of that employment.
Whenever City owes a duty hereunder to indemnify Consultant, its employees or agents, City further agrees to pay Consultant a reasonable fee for all time spent by any Consultant employee, or spent by any person who has performed work pursuant to this Agreement, for the purpose of preparing for or testifying in any suit, action, or legal proceeding in connection with the services the assigned employee has provided under this Agreement.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insur ance coverage required by this S ection in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required commercial insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. Notwithstanding the foregoing and for the avoidance of doubt, City acknowledges that Consultant, as a public entity, may pursuant to California Government Code Section 990, satisfy the insura nce requirements set forth herein with a combination of self-insurance and self-insured pool insurance. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11
Professional Services Agreement Agreement No. <23-004-CM> City Attorney Approved Changes- 010623 HR Consulting
Consultant’s acts or omissions in the performance of S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non - owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Emp loyer’s Liability . The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
8.1.4 Professional Liability. This insurance must insure against Consultant ’s errors and omissions in the provision of Services under this Agreement , in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured ”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
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9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this S ection is a condition precedent to either Party commencing litigation in relation to the dispute.
10. Early Termination.
10.1 Termination for Convenience. City or Consultant may terminate this Agreement for convenience by giving 10 calendar days written notice to the other party. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination , specifying the reason a nd the effective date of th e termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that p ayment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachmen t A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will co nform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Co nsultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11
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age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.
13.3.2 Compliance with the California Equal Pay Act . Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the brea ch, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11
Professional Services Agreement Agreement No. <23-004-CM> City Attorney Approved Changes- 010623 HR Consulting
reason beyond the reasonable control of the Party delayed, excluding financial inability (“ Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
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Professional Services Agreement Agreement No. <23-004-CM> City Attorney Approved Changes- 010623 HR Consulting
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Eibleis Melendez, Acting City Clerk
Date: ___________________________
CONSULTANT: Regional Government Services (RGS)
Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
APPROVED AS TO FORM:
DATED: __________ By: ____________________________
Sky Woodruff, Authority Counsel
Attachments:
Attachment A: Scope of Services & Payment
Attachment B: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment C: Contractor Acknowledgment of Compliance with the California Equal Pay Act DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11 Jordyn Bishop
JB
1/26/2023
1/30/2023
1/24/2023
1/25/2023
Richard H. Averett Executive Director
1/30/2023
P.O. BOX 1350 | CARMEL VALLEY, CA 93924 | 844- 587- 7300 | WWW.RGS.CA.GOV December 21, 2022 Via email to: [email protected] Dante Hall
City Manager
City of Hercules
111 Civic Drive
Hercules, CA 94547
RE: PROPOSED HUMAN RESOURCES SERVICES
Dear Mr. Hall:
Thank you for giving Regional Government Services (RGS) the opportunity to provide this proposal for Human Resources (HR) services to the City of Hercules (City). RGS is uniquely qualified to provide these services based on our specific and substantial expertise and experience working with public agencies throughout California and the flexible and scalable services provided by our team. Regional Government Services is a Joint Powers Authority (JPA) established in 2002 to serve the needs of cities, counties, special districts and other governmental entities throughout California. We provide a ready source of project and consulting services to meet the needs of our partner agencies in a broad range of administrative and support service areas. RGS has a proven track record working with local government agencies to successfully deliver effective HR management systems and administration in organizations which are similar in terms of demographics, size and needs as the City.
I have attached a proposal describing our HR services and current hourly rates . I look forward to further discussion with you; and to identifying a more prioritized scope of HR services that we may provide to the City. If you have any questions regarding this proposal, please feel free to contact me at (650) 587-7303 or via e-mail at [email protected].
Sincerely,
Bobbi Bennett, Human Resources Services Director
REGIONAL GOVERNMENT SERVICES
ATTACHMENT A
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I. ABOUT REGIONAL GOVERNMENT SERVICES
Organizational Profile
Regional Government Services (RGS) is a joint-powers authority (JPA) established in 2002 to provide organizational services to other California public agencies. We have over 130 employees throughout California serving more than 150 cities, special districts, counties, other JPAs and special consortiums of government agencies. RGS provides consulting services in the areas of human resources and financial management, organizational development, community engagement, strategic planning, and more specifically to public agencies.
RGS is a virtual government agency, and has developed a unique network of geographically distributed Advisors who work both onsite at partner agency offices on a limited basis, and through various remote access technologies to deliver services to partner agencies, reducing overhead and expanding our ability to provide high-quality services throughout the state. RGS Advisors form ad hoc teams to provide services and project delivery, and do not operate in a traditional organizational hierarchy.
Our Executive Director and Chief Financial Officer, Richard Averett, has worked with the Board of Directors since the JPA’s inception to implement the Authority’s strategic plan. Sophia Selivanoff, Deputy Executive Director, joined RGS in 2009. Bobbi Bennett, Human Resources Services Director, who has worked with RGS since 2015, supervises all human resources team members throughout the Authority.
At RGS, we believe in striving to be a partner to the agencies we serve, not simply a consultant or contractor. We believe in relationships that are lasting and mutually respectful and beneficial. In order to establish a mutually respectful relationship as well as a productive one, RGS has adopted the following values and business methods.
Our Values
• Expert Services: RGS serves exclusively public sector agencies with its team of public sector experts.
• Innovation: RGS encourages and develops innovative and sustainable services to help each agency meet its challenges through new modes of service provision. • Customer Driven: RGS customizes solutions to achieve the right level and right kind of service at the right time for each agency’s unique organizational needs. • Perseverance: Sometimes the best solutions are not immediately apparent. RGS listens, works with you, and sticks with it until a good fit with your needs is found. • Open Source Sharing: RGS tracks emerging best practices and shares them, our clients and our advisors learn openly from each other’s hard-won experience. • Commitment: Government agencies are the public’s sole provider for many services, public trust is earned and must be used wisely. Each agency should and will know how RGS sets its rates. RGS’ pledge to you is that we will act with honesty, openness, and full transparency.
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II. PROPOSED HUMAN RESOURCES SERVICES
Human Resources Consulting Services
RGS Advisors have extensive human resources experience in public agencies in California, and provide a variety of HR consulting services. In addition to a core team of experienced HR generalists with outstanding communication, interpersonal, analysis and problem-solving skills, we have assembled a staff of subject-matter experts.
RGS consulting staff anticipate delivering comprehensive generalist HR consultation and administration services. The areas of services listed below can be included within an ongoing HR service model based on the City’s needs. In addition, more specifically -scoped HR services and projects not listed may also be added at the City’s request or RGS’ recommendation. • Recruitment and Selection/Employment Administration: Develop and administer effective and compliant recruitment and selection/skills-testing processes (written tests, skills test, interviews, etc. as needed), pre-employment and hiring practices (post offer/pre - employment background checks and physical exams), and on-boarding of new staff. • Classification and Compensation Administration: Develop classification and compensation policies and models, review and update job descriptions, establish study protocols and compensation evaluation guidelines; perform analytic classification studies and conduct compensation surveys; and ensure alignment with state and federal laws related to compensation including pay equity, minimum wages and compliance with Fair Labor Standards Act requirements.
• Benefit Administration Services: Review and can assist with pay changes and benefit forms, provide related education and information to employees and supervisors; address problems with benefit providers and systems. This may also include assisting employees with retirement processing and with life or disability insurance claims. RGS can assist to resolve day-to-day issues that occur in the interpretation and application of complex regulations and systems, particularly in the following areas:
o Medical Leave Administration: Identifying pay and benefit requirements and formulating appropriate communications, ensuring legal compliance and recordkeeping, monitoring eligibility, managing modified work issues, and following up as needed with return to work or end of employment planning.
o COBRA Benefits: Identifying requirements and formulating appropriate communications, ensuring legal compliance and recordkeeping, monitoring eligibility, enrolling and ending services.
o ADA Administration: Identifying a schedule for reviewing and updating essential functions and physical demands contained in job descriptions; serving as the interactive DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11 PAGE 4 OF 8 HR SERVICES PROPOSAL │CITY OF HERCULES
process coordinator; and ensuring appropriate communications and records are made regarding agreed-upon temporary or permanent accommodations. • HR Recordkeeping: Develop appropriate employment event documentation templates, and recordkeeping systems and standards as needed.
• NeoGov Support: Using a comprehensive, integrated HR solution is a best practice, however, getting things established and running smoothly requires a great deal of effort. Relying on a team of NEOGOV support experts can make all the difference in a successful implementation project and allow your team to focus on their core responsibilities. • Benefits Design and Communication: Analyze benefit policies, plans and offerings and their usage and functionality, and communicate information to employees about benefit offerings ; RGS will also determine best practices and benefit integration strategies to maximize benefits while achieving cost containment. As needed, RGS can provide strategic guidance in the development of new or enhanced benefit offerings; and carry out effective implementati on of selected benefits.
• Performance Management: Develop performance and behavioral expectations and standards and an evaluation system to support Agency standards. As needed, RGS can provide performance management training and coaching to supervisors, facilitate employer-employee communication, and address issues that impact performance. RGS can also support formal performance corrections by drafting and administering performance improvement plans and disciplinary documents.
• Personnel Policy and Procedures Development: Update or develop new policies and procedures consistent with current legal standards and organizational objectives; and develop implementation and training plans for required changes. • Employee Relations Administration: Review, interpret, and apply various provisions of policies, procedures, employment agreements and compensation resolutions; provide related education and information to employees and supervisors; write clarifying language and obtain agreement to same when needed. RGS can advise managers on the resolution of complaints and disputes, conduct research and prepare documents to support effective problem -solving, and facilitate formal and informal communications between employees and/or management to achieve agreements that result in a productive and positive workplace. Assist with employee grievance hearing and serve as hearing officer. Assist with coordination of discipline hearings. • Labor Relations: Assist with labor grievance hearing and serve as hearing officer. RGS can provide chief or co-labor negotiator services as well as negotiation planning and communications, table support and document management, financial analysis of proposals and development of recommended MOU language.
• Training: Develop organizational training plans, and can handle administration of training on behalf of the organization. RGS can provide legally required training (sexual harassment DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11 PAGE 5 OF 8 HR SERVICES PROPOSAL │CITY OF HERCULES
prevention, etc.) as well as training in performance management, supervisory roles, problem- solving, communication skills, and more as needs are identified and/or training is requested. • Selected Employment-Related Risk Management Functions: RGS can oversee or assist with workers’ compensation third-party (TPA) claims management, ensure compliance with HIPAA and other medical privacy laws; and manage administrative leave and fitness for duty situations. RGS may also develop, deliver, and provide training and programs for a variety of employee health, wellness and safety issues upon request. • Strategic Human Resources Planning: Assess current and long-range organizational needs and priorities and review assigned functions and roles with associated competencies for the purpose of developing plans and timelines to improve organizational capacity and skills and to enhance organizational and administrative structures.
RGS staff prides itself on its ability to work collaboratively w ith appropriate stakeholders to deliver accurate, professional products and services within reasonable timelines, meet deadlines, and provide clear, honest, and effective communications, all of which help to promote good relations throughout our partnership. RGS Advisors will be reasonably available to perform services during the normal work week and within the agreed upon schedule.
III. PROJECT TEAM APPROACH AND QUALIFICATIONS
RGS is a virtual government agency, and has developed a unique network of geographically distributed Advisors who work both through various remote access technologies and, when needed, onsite to deliver services to partner agencies, reducing overhead and expanding our ability to provide high-quality services throughout the state.
RGS delivers ongoing HR Management Services through a team of Advisors. For the City, the core team will consist of a Lead Advisor who will carry out activities to ensure timely delivery of HR functions. The Lead Advisor will serve as the City’s primary service provider and point of contact, and will identify, prioritize, and resolve or recommend resolution actions regarding employment-related issues. Together this core team will provide continuity of services and ensure that identified deliverables are provided.
At times, it may be of value to have a RGS HR Advisor be onsite. While not all members of the assigned team will be in close geographical proximity to the City’s offices, RGS will make every effort to ensure that travel costs are minimized through effective remote service delivery.
IV. SIMILAR ENGAGEMENTS AND REFERENCES
RGS understands and remains current on all requirements for effective public agencies HR functions. RGS presently serves as a full-service HR Department for a number of California public agencies, and has provided this service for over approximately 10 years. Additionally, RGS serves as the comprehensive HR management provider with as -needed services for multiple public DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11 PAGE 6 OF 8 HR SERVICES PROPOSAL │CITY OF HERCULES
agencies. RGS also provides various HR supplemental and project support services to dozens of other agencies throughout California.
References may be provided upon request.
V. SERVICE COST/BILL RATES
RGS provides services on an hourly basis, plus direct costs. Work is performed as agreed, and subsequently billed each month based on hours actually worked. At the time of this proposal, the City anticipates the need for services for a period of six months. The contract will not exceed $50,000. Bill rates are as follows:
Title Hourly Rate
Chief Operating Officer $140 to $230
Deputy Chief Operating Officer $135 to $205
Senior/Lead Advisor $130 to $200
Advisor $120 to $170
Project Advisor $110 to $130
Project Coordinator $90 to $125
Technical Specialist $80 to $120
RGS Advisors are skilled at prioritizing projects and working within the budget of partner agencies. Additional HR services and projects may be scoped in any way mutually agreed upon between RGS and the City, and project estimates or not-to-exceed amounts will be provided upon request. While it is anticipated that expenses for travel, advertising, traini ng or testing materials, and other direct external costs will be minimal, such expenses are not included in hourly rates, and will be invoiced to the City at cost with no markup. Mileage for site visits will be calculated/invoiced at the Advisor’s hourly rate up to two hours one way.
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DRAFT Scope of Services
Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Advisors to the City of Hercules, hereafter “City”, which may require performing any or all of the functions described below:
1. Provide immediate as needed human resources consulting services to the City. Consulting services include implementation of work on identified priority projects, and also include the following activities as needed:
1.1 Development and coordination of executive and non-executive level recruitments.
1.2 Provide coaching and guidance to City human resources staff on various issues as needed. Recommend trainings as appropriate.
1.3 Review of the City’s current NeoGov system and assist with the data coordination to streamline and maximize the use of the system.
1.4 Coordinate and assist with leave management, including but not limited to workers’ compensation, medical leaves, and reasonable accommodation.
1.5 Analyze a variety of information and recommend appropriate management action; provide written documentation of analysis and recommendations as needed.
1.6 Draft specific documentation relevant to resolving a range of human resources issues; coach managers as needed on effective actions and communications to achieve resolution; coach supervisors on conducting sensitive personnel conversations.
1.7 Draft required communications, including administrative policies, procedures, forms and templates as needed to develop an effective and compliant system of human resources management practices and transactions.
1.8 Review of classification descriptions and FLSA designation and recommend updates as needed.
1.9 Conduct salary surveys of comparable agencies As requested, assist with various employee/labor related issues, including but not limited to grievances and labor negotiations.
2. Be reasonably available to perform the services during the normal work week. Meet as often as necessary for the purpose of consulting about the scope of work performed with the appropriate City project manager and with the RGS Lead Advisor or Advisors.
3. RGS will maintain open communication lines with City staff through written documentation, video conference calls, phone, and e-mail.
4. The City will only be invoiced for the actual hours worked. Projects and activities may be modified on request of the City. The work will be done remotely. RGS Advisors may only work onsite with the authority of the RGS Human Resources Director.
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5. The RGS team assigned will be led by a Lead Advisor, who will both perform work and direct projects to other RGS staff as needed. RGS staff, with equal or lower bill rates, will be assigned to projects or tasks at Lead Advisor’s discretion.
DocuSign Envelope ID: 90C5B6E8-8821-4421-A58B-FA25FB201F11