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HomeMy WebLinkAbout6/16/2004 - STAFF REPORTS (11) FIRST AMENDMENT TO AGREEMENT FOR THE CONSULTANT SERVICES AGREEMENT WITH RENEE MAYNE This First Amendment to the Consultant Services Agreement with Renee Mayne ("First Amendment" or "Amended Agreement") is made and entered into this 2vd day of June, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and the RENEE MAYNE, an individual ("Consultant") and amends that certain "Consultant Services Agreement with Renee Mayne" (the "Agreement") dated February 3, 2004 between the same pasties. RECITALS A. On or about February 3, 2004, City and Consultant entered into a Consultant Services Agreement pursuant to which Consultant agreed to provide professional advice and labor negotiation services for its four (4)public safety bargaining units ("Project'). B. The original term of the Agreement was for a period of six (6) months expiring on July 3, 2004. C. City is still engaged in labor negotiations with three (3) of its four (4) public safety bargaining units. D. City continues to need professional advice and labor negotiation services of Consultant to complete its labor talks. E. City and Contractor desire to amend the Agreement to extend the term for an additional six (6) months as set forth in this First Amendment to facilitate the completion of negotiations with its public safety bargaining units. 74 AGREEMENT The Agreement is hereby amended as follows: 1. Section 2.1 "Compensation" is upended as follows: The maximum contract amount is changed from $24,990 to $50,000. 2. Section 5.1 "Term" is amended to read as follows: "5.1 Term. The tern of the Agreement is hereby extended to December 3, 2004 unless earlier terminated in accordance to Section 5.3." 3. Exhibit "C" Schedule of Compensation: Change the not-to-exceed amount for consulting services from $22,500 to $45,000 and the expense not-to-exceed amount from $2,490 to $5,000. 4. Exhibit"D" Schedule of Performance: Change the time of completion from "within ISO days" to "within 360 days". 5. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be effective as of the Date first written above. CITY OF PALM SPRINGS, a municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: RENEE MAYNE City Attorney Name: Title: 7/13 EXHIBIT"A" CONSULTANT'S QUALIFICATIONS Renee Mayne LABOR RELATIONS AND HUMAN RESOURCES SPECIALIST Labor Negotiator, Mediator, Consultant, Trainer, Speaker RELATED EXPERIENCE Consultant, Labor Management Success, 1999-Present Self employed negotiator, mediator, consultant, trainer and speaker, serving as advisor to executive management, chief negotiator, mediator, management trainer and public speaker Deputy County Administrative Officer-Human Resources, County of Monterey, I995-I999 . With a staff of thirty,(30),responsible for recruitment, examination, classification, compensation, employee relations, training, employee benefits and Equal Opportunity for 4,000 employees General Manager SEW Local 817, Salinas, California 1991-1995 Managed the largest public employee labor union on the Central Coast of California; responsible for bargaining labor agreements,resolving grievances and complaints and handling arbitrations Director, Citizen Action of New York, 1984-1990 Managed a non-profit agency dedicated to serving the needs of the senior population; specialized in lobbying, fimdraising and grant writing EDUCATION State University of New York, Empire State College Cornell School of Industrial Relations REFERENCES - Paul Philips, City Manager, City of Covina 626-858-7212 Lou Garcia, City Manager, City of Redondo Beach 310-372-1171 Dee Contreras,Director of Labor Relations, City of Sacramento 916-808-5424 EXHIBIT`B" SCOPE OF SERVICES 1. The CONSULTANT shall serve as chief negotiator for labor negotiations between the CITY and its four public safety units. 2. The CONSULTANT shall perform all necessary duties during the course of labor contract negotiations, which include: a. Gaining bargaining parameters and reporting status of negotiations to the City Manager or his/her designee; b. Upon the request of the City Manager or his/her designee, attending City Council closed session; C. Providing professional advice to the City Manager regarding drafting of City contract proposals; d. Providing professional advice to the City Council regarding the potential options for reaching agreement with its public safety units at the bargaining table; e. Scheduling and attending all labor contract negotiations; f. Completing the administration and finalization of the signed Memoranda of Understanding. 4. At the conclusion of negotiations,the CONSULTANT shall provide, at the CITY's request, one (1)day of training services to CITY managers in the areas of contract administration, grievance handling and employee complaint resolution process. 5. The CITY shall provide the following resources: a. Staff support in the areas of employee wage and benefit research, City budget costs of labor proposals; clerical and word processing support; b. A conference room for negotiations with a side room for caucus meetings; c. For onsite work, office space, phone and desk for CONSULTANT; d. Laptop/Desktop computer for City staff during negotiations; e. Staff support at the negotiating table, which at the City's discretion could include Fire/Police Department representatives,Personnel, Finance and Administrative Staff. EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant and City agree that a minimum of 250 hours will be necessary to perform the work or services set forth in the "Scope of Services". Consultant will be compensated at the rate of $90,00 per hoar for a total Contract Sum not-to-exceed $22,500. Expenses: hr. addition to the Contract Sum, the City shall reimburse Consultant for all out-of- pocket expenses including but not limited to shipping, postage, long distance telephone charges, travel expenses incurred on CITY's behalf in the performance of this Agreement. In no event shall Consultant's out-of-pocket expenses exceed Two Thousand Five Hundred Dollars ($2,500) without the advance written authorization of the City Manager or his designee. Payment: Provided that Consultant is not in default under the tennis of this Agreement, in any month in which Consultant wishes to receive payment, no later than the tenth (I e) day of such month, Consultant shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Additional Services: hi the event the City requires services in addition to those set forth in this Agreement, Consultant shall be compensated, pursuant to invoices delivered to City in accordance with Section 2.2 of this Agreement, at a rate to be negotiated by, and subject to the approval of, the parties, plus expenses, as set forth in this Exhibit"C". EXHIBIT "D" SCHEDULE Or PERFORMANCE Time is of the essence of this Agreement. CONSULTANT shall typically render services between Monday and Friday during the term of this Agreement. CONSULTANT agrees to perform all services hereunder as expeditiously as is consistent with professional skill acid care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided except as provided here. Parties acknowledge that the scheduling of contract negotiations is subject to the availability of employee representatives, CITY staff and resources and the CONSULTANT. The CONSULTANT will make a diligent effort to fully complete the negotiations as quickly as possible so as to allow for the full and adequate completion of the Project within One Hundred and Eighty(180) days of receipt of a notice to proceed. If at any time it appears that the project cannot be completed by the date specified, CONSULTANT shall notify CITY of that fact and provide an estimate of the time when the project will be completed. If CONSULTANT has been the sole source of delay, and if completion of the project would be expedited by use of other or additional consulting services, CITY may use the retained amounts for the purpose and shall be relieved of paying such retention to CONSULTANT. If the CONSULTANT's work is not satisfactory, CITY has the right to take appropriate action, including but not limited to: (1) meeting,with the CONSULTANT to review the schedule and resolve matters of concern; (2) requiring the CONSULTANT to perform the work at no additional fee until it is satisfactory to a reasonable standard; (3) suspending the delivery of further work to the CONSULTANT for an indefinite time; or(4)terminating the Agreement as set forth in Section 5.3 707 FIRST AMENDMENT TO AGREEMENT FOR THE CONSULTANT SERVICES AGREEMENT WITH RENEE MAYNE This First Amendment to the Consultant Services Agreement with Renee Mayne('First Amendment" or "Amended Agreement") is made and entered into this 16th day of June, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation ('City") and the RENEE MAYNE, an individual ('Consultant") and amends that certain "Consultant Services Agreement with Renee Mayne" (the "Agreement") dated February 3, 2004 between the same parties. RECITALS A. On or about February 3, 2004, City and Consultant entered into a Consultant Services Agreement pursuant to which Consultant agreed to provide professional advice and labor negotiation services for its four (4)public safety bargaining units ("Project"). B. The original term of the Agreement was for a period of six (6) months expiring on July 3, 2004. C. City is still engaged in labor negotiations with three (3) of its four (4) public safety bargaining units. D. City continues to need professional advice and labor negotiation services of Consultant to complete its labor talks. E. City and Contractor desire to amend the Agreement to extend the term for an additional six (6) months as set forth in this First Amendment to facilitate the completion of negotiations with its public safety bargaining units. ev ism AGREEMENT The Agreement is hereby amended as follows: 1. Section 1.0 "Services of Consultant" is amended as follows: 1.1 Scope of Services. In compliance with all of the terns and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. 2. Section 2.0 "Compensation" is amended as follows: 2.1 Contract Stan. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation & Performance" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty Thousand Dollars ($50,000) (herein "Contract Sum"). In addition to the Contract Sum, compensation may include reimbursement for actual and necessary expenditures for reproduction costs, travel expenses, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "C"). 3. Section 5.0 "Term" is amended to read as follows: 5.1 Tenn. Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall be until December 3, 2004. Such tern may be extended upon the mutual written consent of the parties hereto. 5.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "C", if any, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding three hundred sixty (360) days cumulatively. City shall not unreasonably deny any such request for extension. 5, Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be effective as of the Date first written above. CITY OF PALM SPRINGS, a municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: RENEE MAYNE City Attorney Name: Title: EXHIBIT "B" SCHEDULE OF COMPENSATION Consultant and City agree that a minimum of 500 hours will be necessary to perform the work or services set forth in the "Scope of Services". Consultant will be compensated at the rate of $90.00 per hour for a total Contract Sum not-to-exceed $50,000. Not withstanding the net to exceed limit of this Agreement, the nature of labor negotiations is such that CONSULTANT cannot control the number of hours which will be necessary to reach agreed MOU's, or to go through impasse negotiations. CONSULTANT shall make a diligent effort to complete negotiations for the contract sun. Although, the contract sure represents a reasonable estimate, in the event negotiations cannot be completed within the contract sum, the patties may negotiate a contract amendment. At any time the CONSULTANT becomes aware that the contract sun is likely to be exceeded, CONSULTANT shall promptly so inform the contract officer. No expenditures are authorized hereunder in excess of the contract sum. Expenses: hi addition to the Contract Sum, the City shall reimburse Consultant for all out-of- pocket expenses including but not limited to shipping, postage, long distance telephone charges, travel expenses incurred on CITY's behalf in the performance of this Agreement. In no event shall Consultant's out-of-pocket expenses exceed Five Thousand Dollars ($5,000) without the advance written authorization of the City Manager or his designee. These expenses must be paid within the contract stun. These expenses must be paid within the contract sum. Payment: Provided that Consultant is not in default under the terms of this Agreement, in any month in which Consultant wishes to receive payment, no later than the tenth (I0a') day of such month, Consultant shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Not withstanding, the net to exceed limit of this Agreement, the nature of labor negotiations is such that CONSULTANT cannot control the number of hours which will be necessary to reach agreed MOU's, or to go through impasse negotiations. CONSULTANT shall make a diligent effort to complete negotiations for the contract stun. Although, the contract surn represents a reasonable estimate, in the event negotiations cannot be completed within the contract sun, the parties may negotiate a contract amendment. At any time that CONSULTANT becomes aware that the contract sum is likely to be exceeded, CONSULTANT shall promptly so inform the contract offer. No expenditures are authorized hereunder in excess of the contract sum. Additional Services: In the event the City requires services in addition to those set forth in this Agreement, Consultant shall be compensated, pursuant to invoices delivered to City in accordance with Section 2.2 of this Agreement, at a rate to be negotiated by, and subject to the approval of, the parties, plus expenses, as set forth in this Exhibit"C". EXHIBIT "C" SCHEDULE OF PERFORMANCE Time is of the essence of this Agreement. CONSULTANT shall typically render services between Monday and Friday during the term of this Agreement. CONSULTANT agrees to perform all services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided except as provided here. Parties acknowledge that the scheduling of contract negotiations is subject to the availability of employee representatives, CITY staff and resources and the CONSULTANT. The CONSULTANT will make a diligent effort to fully complete the negotiations as quickly as possible so as to allow for the full and adequate completion of the Project by December 3, 2004. If at any time it appears that the project cannot be completed by the date specified, CONSULTANT shall notify CITY of that fact and provide an estimate of the time when the project will be completed. The parties may modify the completion date by amendment of this Agreement. MINUTE ORDER NO. APPROVING THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH RENEE MAYNE FOR LABOR NEGOTIATIONS SERVICES --------------- I HEREBY CERTIFY that this Minute Order, approving the First Amendment to the Consultant Services with Renee Mayne was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the�d'day of June, 2004. (/ ,y1 PATRICIA A. SANDERS City Clerk 713