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HomeMy WebLinkAbout04884 - RENEE MAYNE CONSULTANT LABOR NEGOTIATIONS SERVICES LETTER AGREEMENT Renee Mayne • Consultant Service, First Amendment FIRST AMENDMENT TO AGREEMENT AGREEMENT#48 FOR THE CONSULTANT SERVICES AGREEMENT WITH RENEE MAYN MO 7503, 6-h6-04_ This First Amendment to the Consultant Services Agreement with Renee Mayne ("First Amendment' or "Amended Agreement') is made and entered into this 16"' 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 tern 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. v • 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 terms 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 Sum. 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 ($47,500) (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 not exceeding Two Thousand Five Hundred Dollars ($2,500) when and if specified in the Schedule of Compensation(Exhibit "C"). 3. Section 5.0 "Tenn" is amended to read as follows: 5.1 Term. 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 Ninety (90) 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 frill 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 City Manager T �� ATTEST: y �0 City Clerk APPROVED AS TO FORM: RENEE MAYNE �— City Att M4 Name: Title: A r r EXHIBIT "A" SCOPE OF SERVICES The CONSULTANT shall serve as chief negotiator for labor negotiations between the CITY and its four public safety units. 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; C. Scheduling and attending all labor contract negotiations; f. Developing with the City Attorney the signed Memoranda of Understanding. 3. 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. 4. 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. 5. CONSULTANT shall rely upon the City Attorney's office for legal advice as to all legal issues affecting negotiations. 6. If CONSULTANT has been the sole source of any delay in contract negotiations, or if for any other reason 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) utilizing other consulting services and paying for such services from fiords allocated to this Agreement (5) terminating the Agreement as set forth in Section 5.3 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 $47,500, Not withstanding the not 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 Sum. Although, the Contract Sum represents a reasonable estimate, in the event negotiations carmot be completed within the Contract Sum, the parties may negotiate a contract amendment. At any time the CONSULTANT becomes aware that the Contract Sum 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: In 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. Payrnent: Provided that Consultant is not in default under the terns of this Agreement, in any month in which Consultant wishes to receive payment, no later than the tenth (10"') 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: 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 tern 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 Rill 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. AIL", i� 06/08/2004 10:_23 631484� PAGE 02 150fV n N Stare nuromobll crsiion — Inter•Insuranceaureau Automobile Pa cy Declarations 150 uan Ness Avenue P.O.Box 429786 Please keep with your policy. San Francisco,CA 94142-9186 See Important Notice on reverse. _ For questions or ehanpas eall:1—000-022-0220 DECLARATIONS TYPE PAGE ^^— 1. NAME AM ADDRESS OF INI 2 Amended Declarations 1 of 1 O POLICY TYPE PROCESS DATE Member49 04-09-2004 POWcv r1LAY1RR � INSURED SINCE MAYNE RENEE V rc 5F-64-16-2 1993 15490 WEATHER ROCK WAY O CORRAL DE T IERRA CA 93909-9337 z FROM 12:01 A.M- standard Tlme et the awroae of the NarDed InalreQ al� r 04-OB-20O4 I but net Prior to the time applied _.. U your for or, If LDIs to a replacement wi�w .+ Policy 1 dooleretlone, not prier to the time O Period i ccveraga chenae was reaueated. LL TO 1241 A.M. standard Tlme at the 0 0$-17-2005 ad*., of the Named lrs red _ ALTERNATE ADDRESS OCCUPATION ALTERNATC NIMEER To-EPHONE NUMBER LABOR MANAGEMENT SUCCESS 484-2884 484-2000 Ity.1 MAKR MODEL YR,I BODY TYPE ! Y IV E IDENTIFICATION NUMBER Dnvera NAME Drivrz Liaemr Nr, —�--� 91 ,1 CIVIC 1 1993 1 2D HBK 1 2HGEH2453PH520836 & doDaiserlly RENEE A4350854 u 02 ipYOT 2004 14D SED 14T1BF2BB34U36T 869 to corraepond I to principally Y 1 I I pdC Paratcd Vehlolehlolee. EM L. !.17jPIU III�inIi g.. ic IIII,lTctivENAGE ...... EACH PERSON EACH OCCUR NCDEDUCT I iIl e°a�•'F?I ,_II-: __I vg PRBIO DDTi PREMIUM DmD r DEDucT aRuat:ua 1 o0D,000 1 000,000 Ir1Injury „tlll , 1". ILI ;9V , " i' C Ili Ill dill l'I�II yT 4�� , Payments .�F tDInam-a-s-a _ LtIIU.I,'-I' ,,...i_l ..-., M1 IIh�tlilllli Il IIIlVIulIIPIl I;I''SI l,i III I II.hlIl.L'I'�I IuII III II I'�'�InIl,LllI!y lIJl �'uIA'I lIl L,:il^lla��1 1 ll 4 Y��NI�r'➢fFEDlMUred rn MN1 ,900,00D 0001000 f ' IiII11 '10 ;Property 'I, I I I: �� � 100,00G IM51, iL � i;FlYIIII � Iu„ w ✓: . -... CrF I.I •I III in! W Comprehensive 1 Actual Cash"'Value Less Deductible No Coverage 1000! o Actual Cash slue eonbi°^ ...... ......... ...... .............._.,..-..---- No Coverage 100n ` ass Deductible I I W All BlsActual Cash Value...................... .,......__ _. to No C04eraga No CaNerage f > Less Deductible I 1 °u TOTAL PREMIUM PER VEHICLE I► Automobile EXPLANATION Aa615,000 Ilrn mmq iMurq. B�BI D,DDa rM, arM minq Inrurq Nei rowu. LIM'T COW PREMIUM Death eanlFlta Or LIMB CDDEe C SMGOO -uh rkiarnrl rIMNd Inaurad ahawn en "d r.rn.A F3?9. A Premium Summary CA Surcharge: $0.00 THIS IS NOT A BILL. No Change in Premium. SCHEDULE OF CHANCES N v Add Loss Payee z x ep REM 1 RATED DRIVER DRIP SAFETY RECORD YRs DRIV EXP EST AM MI OiNEN VEH GARAGE ZIP i VEHICLE USAGE 1 011 1 MARITAL v 01j I PT ! 1 ,000 MI 83940 1 Undesignated < 02 I RENEE I 0 PT 31 12,000 MI 93940 Principal F S FORE PL� j PT MI I 1 NATION OF PT MI 1 i CODES. EnhancedDISCOUNT Transportation tionDriv Expense Coverage; .........................t............2, ' � Portetian Expense Covers e: Item(s) 02. v good Driver : Item(s) 01 , 02, w Multi Car : Itemis) 01 , 02, 'c MONTEREY C/U Iraa .V^i'I;,fill!IFI,;, ,a[.,:L., .;,,.,,,,L.,.;,;,.la•Ilililligli!pl;! w 1 r 501 E PRANKL I N ST Jy��II�I yII�I gnIC�IF it IxPI !:r�u,�G o�[I YrM ' IMIP W r<d MONTEREV CA SMI PINIIIY'�hI''�I'GiR�,I'T'IIIII i�'I II' it n IlI I lolIl Y IILIII'II? II'l X u I; 93940 C ',IIU;Ih8ILn�6lillfili�itljCli;I!:il'ii171!an'IhIll l l�4?I lv Pali li y ITEM ! y ITEM ,I l l Ill Ih f v l al Iliad O WI IIIIILiI 4TOIII,��y ,'v' 11 In l pi 1l lllllu'!i MI v IIII , tl [{e,lacw lvl1n001 ,I', I II;I it'd,Jil11I 114�111II4 I ILPIIII MIi ihjllli it I I''�n�I IIC IIt,I I,II P�II I,•L4!i,,lFI+,l.mi I', IIII I I 1, I n 1L y,•„ Decleeltone Conil w d on Reverse AZORD CERTIFICAT OF LIABILITY INSURANCr OF IDEX DATE(.UWR`FYYVW LABOR-1 1 06/08/04 PRODucPx THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION' Irene C. Herman Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Irene Herman-#0619789 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 422 Presidia Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94115 Phone: 415-447-4212 Fax: 415-447-4181 INSURERS AFFORDING COVERAGE NAIC# INEBRAN RCLRERA First Financial Ins. Co INSURER. Lloyd's of London Labor Management Success Renee Mayne xsuRERc POH 982 wsuRERO Monterey CA 93942 E COVERAGES THE POLICIES OF INSURANCE UPENT BELOW HAVE BEEN IEarr TO ME INSURED NAMED ABOVE MR THE POLICY PUMA INDICATED NONJITATANDING ANY REACUREMENT,TERM OR CONORIoN OF ANY COMPACT OR OTHER DOCUMORN WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR HNY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREekT5 LIMITS SHOWN MAY HAVE BEEN REOUCEU BY PAID CLAIMS INER 1.RM AOLICYEFFECTVF PCLICYIXPIRATION LTR NSRG TYPE OF INSURANCE EOLICYNUMBER OATE:MMISBMT DATE(MMD." LIMITS GENEBALOABWtt EACH OCCURRENCE E 1000000 DAMAGE TO RENTED A X COMMERCIALGENERAwnearry F0149Q523464 01/14/04 01/14/05 FRD.IDES(E,BaP,.��) s 50000 Ga.0 PAGE ❑OCCUR VIED IXP(MY ,,—) S-1000 PERSONAL B ADV INLAY $ 1000000 GENERALAGGREGATE S 1000000 CEO IF AGGREGATE LIMIT APPLIES PER PRODUCTS,COMPIOP AGE $ 1.000000 X POLICYJET LOC kDROSOPILELIABIUN COMBINED SINGLE OMIT E AHry Auro le,�muenp Aµ OWNEGAUTSA BOGRY INJB0.Y SCHEDULED AUTOS P"P—, H1Eon Os OGILYINNRV E NONdWNEGAIDS (Pervmtlenll PROPERTY DAMAGE S (rE .1d," GARAGE FAWL FY AUTOMN Y-EAACCIOENT $ ANYAUTO OTHERTRAN EAACL 5 AUTO ONLY AAA S EXCESSNMBRal LIABILITY EACx OGRURRCNCE $ -ADR ❑CUIMGMA➢E AGGREGATE I E DEDUCTIBLE $ REIENTIGN S W.OIoNwcsraTu- om EXPLOYSCDMpBILITY ON ANO TORY LIMITS ER A PRORSLIABITAR ANY PROPRIEI'OP/PARTNERIIXELVIHVE ELEACH ACGIOEM S OPRCENMEMBER EXC W GEDi ELDIBEAEE-FA EMPLOYEE y So„E 1PEA CILrxaIWIDvlsloxse1Iory ELDISEASE-POLICY umR s OTHER H Lloyd's of London AHLTM041835 01/14/04 01/14/05 Sao 1000000 DEBOTTLON OFOPERATIONSILOCATIONS IVEHICLEGI EXCLUSIONS ADDED BVENDORSEMENTISPECIAL PROVISIONS Evidence of insurance CERTIFICATE HOLDER CANCELLATION EVIDEMC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYCWRITTEN PHR NOTCE TO THE CERTIFICATE HOLDER WMED TO THE LEFT.BIITFAILURETODOGOSRALL Sue Mills IMPOSE NO DBIIGATION OR LIABILITY OF AHV HIND UPON THE INSURER ITS AGENTS OR POP 2743 Palm Springs CA 92263 RFPRESEMATHVEB ADPIORILEDRRPREEDRATRR Geoffrey Herman+o MINT,"°EL^YNeAIm`,n CvnH15. ,1aIC...1CPLIU,RXPB,P1We Geoff rev Herman D„I�ww aR DEueT,Iea,sG' ACORD 25(2001108) ©ACORD CORPORATION 1988 Renee Mayne i Consultant Services AGREEMENT #4884 CM signed 2-3-04 CITY OF PALM SPRINGS CONSULTANT SERVICES AGREEMENT FOR Renee Mayne THIS CONSULTANT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 3rd day of February, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city, (herein "City") and RENEE MAYNE, an individual, (herein"Consultant"). RECITALS A. The City's existing labor contracts with its four (4) public safety units will expire on Jame 30, 2004. B. City needs to begin the collective bargaining process and requires the services of an independent consultant to provide professional advice and labor negotiatiou services for its four public safety units (hereinafter"Project"). C. Consultant has negotiated over three hundred labor agreements and specializes in resolving difficult and hostile situations. NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Consultant's Qualifications. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is experienced in performing the work and services contemplated herein. A copy of the Consultant's qualifications and experience in performing such work is attached hereto as Exhibit "A" and incorporated herein by this reference. 1.2 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "B" and incorporated herein by reference. 1.3 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. 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 Twenty Five Thousand Dollars ($25,000) (herein "Contract Surn"). 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„ 2.2 Method of Payment. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, paying in accordance with the percentage of completion of the services, payment for time and materials based upon the Consultant's rates as specified in Exhibit"C" Schedule of Compensation,but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation(Exhibit"C"). 3.0 COORDINATION OF WORK 3.1 Representative of Consultant. Renee Mayne is hereby designated as being the principal and representatives of Consultant authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The City's Assistant City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Consultant. 3.3 Prohibition Against Subcontracting or Assi rg uneilt. Consultant shall not contract with any entity to perform in whole or in part the work or services required heremider without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law,without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Consultant. Neither the 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 herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent Consultant of City and shall remain under only such obligations as are consistent with that role. 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. 4.0 INSURANCE AND INDEMNIFICATION 4.1 hisurance. The Consultant shall procure mid maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire tern of this Agreement including any extension thereof, the following policies of insurance: (a) Business Automotive Insurance. A policy of comprehensive business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$500,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. The Consultant agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible. In the event the Consultant subcontracts any portion of the work in compliance with Section 3.3 of this Agreement, the contract between the Consultant and each subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 4.1. 4.2 Indemnification. Consultant agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment(herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Consultant, its agents, employees, subcontractor, or invitees, provided for herein, or arising from the negligent acts or omissions of Consultant hereunder, or arising from Consultant's negligent performance of or failure to perfo in any term, provision, covenant or condition of this Agreement. 4.3 Sufficiency of Insurer or Surety. hisurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, the Key Rating Guide or in the Federal Register, and only is they are of a financial category Class V11 or better, unless such requirements are waived by the Risk Manager or designee of the City Manager due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minnnum limits of the insurance policies required by this Section 4 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Consultant shall have the right to appeal a determination of increased coverage by the Director of Procurement and Contracting to the City Council of City within ten(10) days of receipt of notice from the Director of Procurement and Contracting. 5.0 TERM 5.1 Tenn. Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall be for a term of six (6) months from the date first hereinabove first written. Such teen 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 "D", 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 maybe approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. City shall not unreasonably deny any such request for extension. 5.3 Termination Prior to Expiration of Term. Either party may tenninate this Agreement at any time, with or without cause, upon written notice to the other party. Upon receipt of the notice of termination, the Consultant shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Consultant shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any, compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Consultant covenants that,by and for itself, its heirs, executors, assigns and all persons claiming-under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed,religion, sex,marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Em llooyees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terns of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 hitegration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any,between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURE BLOCK ON NEXT PAGE] IN WITNESS WHEREOF, the patties have executed and entered into this Agreement as of the date first written below. CITY: CITY OF PALM SPRINGS, A municipal corporation and charter city David H. Ready, City M na ATTEST: City Clerk Agreement over/under $25,000 Reviewed and approved by CONSULTANT: Procurement & Contracting RENEE Mayne Initials_�.Date 1 m- Labor Management Success P.O. Number PO Box 982 Montere , Califoni'a 93942 By. A1�'ttIfli1LI°'II[[vw E.�r Date: r 7 [End of Signatures] 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, 1995-1999 . 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, SEIU 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, fundraising 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 runts. 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 hour for a total Contract Sum not-to-exceed $22,500. Expenses: In 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. Payiment: 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 (10ai) day of such month, Consultant shall submit to the City in the foam 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 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 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 arnounts 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 Memorandum DATE: May 27, 2004 TO: Trisha Sanders, City Clerk FROM: Kathie Hart, Interim Chief Deputy City Clerk RE: Renee Mayne— Consultant Services Agreement A4884, City Manager approved cc: File This memo is for your information and is a summary of my findings as I am processing this agreement. There are many discrepancies regarding the above referenced agreement as outlined below: 1. Our department only has a copy of this partially executed agreement. When it was presented to me for processing earlier today, it was the first time I was even aware this document existed. Mr. Ready has signed it; however, you have not attest to his signature. 2. The agreement states the amount shall not exceed $25,000 ($22,500 for services and $2,500 for reimbursable expenses). Mr. Ready noted the amount as $24,990. 3. Certificates of Insurance has not been included. I have sent a letter to the consultant requesting certificates of insurance. 4. The term of this agreement is for a six month period, February 3, 2004 through August 2, 2004. J OF PALM SA City of Palm Springs * Office of the City Clerk * NCO n3a k RPOHATEV 3200 Tahquitz Canyon Way•Palm Springs,California 92262 cq<I FO RV0P TEL (760)323-8204 •TDD:(760)564-9527 May 27, 20 Renee Mayne, Labor Mgmt Success P O Box 982 Monterey, CA 93942 Re: Certificate of Insurance. Agreement: A4884 Description: Labor Negotiator Between City &The 4 Public Safety Units Insured Company: Renee Mayne, Labor Mgmt Success Insurance Department: We need a Certificate of Insurance from Renee Mayne, Labor Mgmt Success. Please refer to the list below for our requirements: GL Req'd. - Gen Aggr: $1,000,000, Prod Comps: $1,000,000, Ea Occur: $1,000,000 WC Req'd. - Ea Occur: $500,000 AUTO Req'd. - Comb Sing: $1,000,000 Additional Insured Endorsement is required. Minimum 30 Day Notice is required. Your prompt attention to this matter will be appreciated. Please send certificate to Patricia A. Sanders Office of the City Clerk City Of Palm Springs P. O. Box 2743 Palm Springs, CA 92263 If you have any questions, please contact Patricia A. Sanders at (760) 323-8204. Thank You: �anL T `�'`-� f„(, Patricia A. Sanders �! City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743