HomeMy WebLinkAbout6/2/2004 - STAFF REPORTS (20) DATE: June 2, 2004
TO: City Council
FROM: Assistant City Manager - Administration
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SUBJECT: First Amendment to Consultant Services Agreement with Renee Mayne
RECOMMENDATION:
It is recommended that the City Council approve the First Amendment to the
Consultant Services Agreement with Renee Mayne for labor negotiations services.
SUMMARY:
The City has heretofore retained the services of an experienced labor negotiator to
provide professional advice and assistance in negotiations with the City's four (4)
public safety bargaining units. Due to the complexity of these negotiations, the City's
consultant has been unable to reach agreement with all four bargaining units within
the parameters established under the existing agreement with the City. In order to
reach a successful completion to these negotiations, staff is recommending an
amendment to the existing agreement to extend the term and increase the
compensation paid to the consultant.
BACKGROUND:
In February, the City Manager entered into a consultant services agreement for under
$25,000 with Renee Mayne to provide professional advice and labor negotiation
services for the purpose of reaching agreement with the City's four (4) public safety
units. The original term of the agreement was for a six (6) month period expiring in
June. A copy of this agreement is attached.
The City's consultant has been negotiating with the public safety units for several
months now. Although the City's budget deficit has made these negotiations difficult
and at times contentious, some progress has been made. In fact, the City has
reached agreement with Fire Management for a two-year contract with no cost of
living adjustment in the first year and a 2 percent adjustment in the second.
Unfortunately, negotiations with the other three units have not been as successful as
the City and remaining bargaining units continue to be at odds over a number of
issues. While the City's consultant remains cautiously optimistic that the parties will
ultimately reach a successful outcome, she also believes that it is unlikely that such
an agreement will be reached before the end of June.
Because the consultant's existing agreement expires at the end of June, staff is
recommending that the term be extended for an additional six (6) months. In
addition, under the original agreement, the City and consultant had agreed to a
contract sum, including expenses, of Twenty-Four Nine Hundred and Ninety Dollars
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($24,990) to complete negotiations. Due to the complexity of these negotiations and
the amount of time is has taken, the consultant has exceeded the total contract sum.
Therefore, in addition to extending the term, staff is also requesting that the original
contract sum of$24,990 be increased to $50,000. There are available funds in the
Human Resources Department's current year budget (1160-43220) to cover this
increase. For your information, an amendment to the agreement reflecting these
changes is attached. Although staff is requesting that the term be extended through
the end of the year, we are reasonably confident that negotiations will be completed
within the next several months.
T�
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Tr y L. Butzla istant City Manager - Administration
APPROVED
City Manager
Attachments:
1. Consultant Services Agreement with Renee Mayne
2. First Amendment to Consultant Services Agreement
3. Minute Order
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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 charier 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 June 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 negotiation
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 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 "B" and incorporated herein by reference.
1.3 Comnliance 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 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„
2.2 Method of Pa• ice. The method of compensation set forth in the
Schedule of Compensation may include a lump sutra 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 Contact 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 Assipmnent. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
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
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obligations as are consistent with that role. Consultant shall not at any time or in any mariner
represent that it or any of its agents or employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Consultant shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term 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 hrderanifrcation. 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 cormection 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 perform any term,provision, covenant or condition of this
Agreement.
4.3 Sufficiency of Insurer or Surety. Insurance 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 VII 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 minimum 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
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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 Term. Unless earlier terminated in accordance with Section 5.3 below,
this Agreement shall be for a tern of six (6)months from the date first hereinabove first written.
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 "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 may be
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 Exniration of Tenn. Either party may terminate 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 Employees. 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 terns 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 terms 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 Integration; 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 instiurnent in writing.
6.7 Severability. la 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 Attorney. sue. 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
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authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is fonnally 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 parties 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 / / n
ATTEST:
City Clerk
Agreement over/under $25,000
Reviewed and approved by
CONSULTANT: Procurement & Contracting
RENEE Mayne Initials Date k ' D4
Labor Management Success P.O. Number
PO Box 982
Montere , California 93942
By: D,
Date:
[End of Signatures]
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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, 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
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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 hour for a total Contract Stun not-to-exceed $22,500.
Exnenses: 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.
Payment: 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`h) 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 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 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
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 2"d 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 saine 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 tenn 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.
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AGREEMENT
The Agreement is hereby amended as follows:
1. Section 2.1 "Compensation" is amended as follows:
The maximum contract amount is changed from $24,990 to
$50,000.
2. Section 5.1 "Tenn" is amended to read as follows:
"5.1 Term. The teen 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 sei vices 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 180 days" to "within
360 days".
5. Except as expressly provided herein, all other terns 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 Narne:
Title:
MINUTE ORDER NO.
APPROVING THE FIRST AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH RENEE
MAYNE FOR LABOR NEGOTIATIONS SERVICES
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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 2nd day of June, 2004.
PATRICIA A. SANDERS
City Clerk
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