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HomeMy WebLinkAboutMARTIN J. MAYER ASSOCIATES - 1982-11-15SUPPLEMENTAL AGREEMENT NC. 1 TO a LABOR RELATIONS SERVICES BETWEE%I CI?Y OF HUNTINGTON BEACH AND MARTIN J. MAYER ASSOCIATES This supplemen.'ai agreement No. l is made amending that certain agreement heretofore made and enteved into by and between the CITY Or HUNTINGTON BEACH, 2000 Main Street, Huntington Beach, California, a municipal corpo,. ation of the State or California, hereinafter referred to as 11CT1Y,'f apd MARTIfi J> MAYER ASSOCIkTES, hereinafter referred to as "COFSULTsIT.n RECITALS WHEREAS, CITY ht.s a need for on -going consultation services in the field of labor relztion,% and negotiations and desires to r fill the position with an independent contractor, to be hired on a coat -act for a limited term a.s provided herein and CONSULTANT will not be a hember- of` tt e CITY's personnel system; and CTTj, has reviewed the requirements for the position, has con4UOted the seleetlon process as required by section 3,04.06 of the Huntington Beach Municipal Cade, and finds CONSULTANT to be qualified and willing to contract with CITY for that position NOW, THERE'FORITa, the agreement is amended and modified as p: follows: ; t 1. Paragraph 1. of the agreement is -amended by additli ra of �tg the. following: "CONSULTANT shall provide additional ctervices as the CI1Y's :Labor negotiator in conducting gage, salary and. benefit J negotiations with the CITY's lebor organizations daring contract negotiations in the c lendar yeas• ]V1 ?. CONS'.ILTANT shall head up s CITY negntia.ing team undar the direction of the City Adminis— trator to engage in negotiation with employee organizations until new memoranda of understanding have been a.opted by the City Council.,, 2. Paragraph 2 of the agreement deleted and the following is substituted therefor: "2.. Lam. the term of this agreement shall be for one year, commencing September 20, 1982, and terminating September 19, 14.'3, excepting that for the work added by zhis Supplemental Agreement No, 1 snali effort shall terminate tpon c-,ipletion of negoc-intions commenced dt=r ing 1983. " 3. Delete paragraph 4 in .Its entirety and substitute the following therefor; r 2�t il• CITE' shall pay CONSULTANT, and CONSULTANT agrees to accept tram CITY as full payment for services,-ampensati.on a: follows; ray For consultant services the sum of twelve, 2 c r. h I A i thousand dollars ($12,COO) annually, such gum to bw'; paid. t by CITY in monthly installments of one thousand dollars t =s $1,000) in arrears for each month of the terra hereof. " ,' CONSULTANT shall provide CITY with a maximum of 12 hours of servioe per month. In addition, CITY areas to pay F CONSULTANT at the rate of t100 per hoar for additional consultant work n the prior writ sn approval of the City Administrator, ash. As additional compensation for labor oegotia- ;.. tiara services CONSULTANT shall be paid a maximum sum of $9,000, in installments as approved by the City Ailrair�ls tra t�sr etc. The total compensation to be ppid to CON- SULTANT shall not ex;ased the sum of $24 O00, 4 All othorR terms and oonditxons of the agreement dated November 15, 1962, between the parties shall remain in full force and :e:f`#`co't* CONSULTAM lITY OF HUNTI OTON BEACH MARTIN J. KAM ASSOCIATES f Mayov Y � ,� �' TTE APPROVED City ClarkCr At via n NXTI tTEQ ANO AFFROM: f,t�,' Ad;z�in�trw 'or ' m AGREEMENT FOR LABOR RELATIONS SERVICES BBTWUN C � Y AND MARTIN J , MAYER ASSOCIATES This agreement is made a,ad ens: eyed into thjI5 day of � 1982, by and between the City of Huotington Beach, � s 2000 gain Streot, Huntington Beach, California 92648, a muni,cipa! corporation of the State of California, hereinafter preferred to as "City," and Martin J. Mayer Associates, her,,-inaf ter referred to as "Co;isnl taut . " RECITALS OP FACT I. City has a need for on -going consultation services in the field -if l.ahor relations and desires to fill the position wit►3 an independent coji�tractor, to be hired on a contract for a limited tem. as r.�vided herein. 2. said 4>nrasultant will ii0t be a member of the Citil personnel syskem. 3+ City has tee=lured the requirements rements for the pv8l inn, has conducted the sexectkon process as required by so�ctzon -033 060 980C, and finds Consultant to be qualified and vi.l.lin5 to contract with " ty for that position under. the tens an4 conditions sot .forth herein OWo M-REWOR , the parties covenant and agree as; fol�wsx 1. Contractual Agreement. City hereby contracts with Consultant outside the City',.; personnel system as an, independent contractor to full -ill the duties of consultant it the field of employer -employee relations, and Consultant. hereby accepts and agrees to such contLactual agreement. � l Contractor shall perform for City the following: On -going consultation in the field of employer -employee relations, including personnelfj management; employee productivity, efficiency, and morale; employete e sripline; review of personnel policies and rules; review of Memoranda of Understanding; management training and education in labor .°elations, and other employer -employee relations ratters as assigned by the City Administrator. 2. Term. The term of this contract shell be for one `j year, }c}ommencing September ?p, 1982 and terminating September l9 , 1983 . 3. Option to Terminate. Either party has the right to terminate this agreement without cause at any time after the effective date of the term of the agreement upon r y thirty t30) days' written notice to the other party. 4. Compensation. City shall. pay Consultant, and Consultant agrees to accept from City as full payment for services# eompensation in the amount of twelve thousand dollars +0> 12,000) annually, to be paid by City in monthly installm�xats -of one thousand dollars ($ ,t 00') in arrears for each month of the term hereof. Said fee shall entitle City to a maximum of 12 hours of services per month,. in addition City agrees to pay consultant at the rate of 100 per hour for additional work within the scope of this agreement authorized in writing by the City Administrator. s For the terry of the agreement, the total compensation to be paid to Consultant shall not exceed the sum of $15, 000. S. Performance. Consultant shall at all times faithfully, industriously and to the hest of his ability, experience and talent perform all, duties that may be required of and from him pursuant to t o express and implicit terms hereof, to the reasonable satisfaction of city. Consultant not empowered and agrees not to make commitments :nor or on behalf of City witoogt the express consent of the City Mmi:nist.ra tvr S} perponal. Mervices Gnaw This agreement is a personal services contract, and the services *provided shall not be performed by or; delegated to any person or entity other than Consultant wi.tbout the written consent of the City, 7. Limitation ort Lem -.Services. it is further e;,pr ssly understood that Conaul.tant is empl.oytid to perform, services as a pr€afessional in personnel and labor-management r la lon an4 io hot emplkiyed to render legal services a adirice, In the ovent that Consultant is reguei4ted to perform 3. legal services, such request must be in writing by the City ti Administrator and City Attorney. if Consultant performs any H legal services or renders any legal opinions, it is understood that such services are uad.er the supervision of the City Attorney. x° S. Entirety. Thi a r, agreement contains the sale 3 �� and entire agreement between the parties. It supersedes any and all other agreements between the parties. The partiesmA acknowledge and agree that neither c$ them has made any representawirn with respect to the sub�ect matter of this 3. agreement or any representations inducing the execotion and delivery hereof, except such representations as are specifically set forLh herein, and each party acknowledges that he or it has relied on his or its own augment ien entering is t., t)-,z agreement.. The parties further acknowledge that any statements or representations that may have heretofore bezu made by either of them to the other are void and oaf no effect and that neither of then has relied thereon in conned i.ao with his or its dealings with the other. 91, WAIVER. No waiver or modification of this agreement: or or any cover ant,, condition, or limitation herein tontaioed shall: be valid unless in writing and duly executed by t:h i party tc? be charged thiazeN-.rith. Furthermore% no evidence of any waiver or modification shall be offered or 11'ecei4 d in evident; e in ary procoz-ai.'ri9f arbitration, litigation beta eon the parties arising out of or affecting tbio agreement, or the ricjht�,, or obligations o-�5 any patty w.. hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set fovth. 10 DISCRIMINATION. Consultant agrees that in the performance of the terms; of this agreement, be will not engage in, nor permit his agents to engage in, discrimination in employment of persons because of race, religious creed, color, national origin, ancestry, physical- handicap, medical condition, marital status, or sex of such persons, except as provided in Governmc*nt Code Section 12940. ll. WORKERS' COMPENSATION. Consultant shall comply with all of the provisions of the Workers' Compensation insurance and safety Acts of the State of California., the applicable provisions of Divisions 4 and 5 of the California -, Tor Code and all amendments thoretoand all similar s,,ate orboferderal ects or laws a pplicable; and shall in4emnify, defend and bold hatntless CITY from and against all claims, demands, paymAnts, suits, actions, proceedings and jue.,Ment8 of every nature and description, including a'-torney's fees and costs, prosentedr brought or recovered against Cityj for or on ,account Of any liability under any of said acts which may be incurred by reason cxf any work to be performed by Consultant under this agreenent, 12. INDEPENDENT CONTRACZgf. It is farther understood and agreed that Consultant ist and shall be, acting at all tiMOO a$ an n epenc ent contractor herein and not as an employee of City. Consultant shall secure at his expense and be responsible for any and all payment of intone tax, social secr,F,t:ity, state disability insurance compensation, � unemployment compensation and other payroll deductions for Corsultait and his officers, agents, and employees and all i k 0 n business licenses, if any, in connection with the services to be performed ,hereunder„ I IN WITNESS WHEREOF, the parties hereto have executed this agreement the day, month and year above 'first written. CITY OF EU't rI't GTON BEACH A municipal corporation By �- ATTEST; rayor Tn�,ta.at�and Ai%provec�: City Cl R 3?-xre-rlavn`i �� i*n k'nrxn • f"id^a.x E1 r3 tnw ni c4F �thr # a a x q d ., 00 % � �� • jam. �..,,.,e. REQUES _ FOR CITY COUNCIt`hC ION z ©ate March 3, 1983 submitted t t Mayor and City Coa n4 l ' ,. Stabmitted by: C. W. TEs�5on, City A�riZzi-st=at jo RtDV--y CITYCOUNCIL Y Prepared by; nanald J. Lewis, "—ersorriel, meager f�yy Aj+ Subjot+t C �-ttract for Negotiation Sery -.. as Statement of. Issue, Recommendation, Analysis, Funding Source, Alternative 1 tions, Attachments: Statement of Issue; All five employee association alleenents expire daring ing 1983. The City wLqhes to appoint a negotiator to represent the City wing the end confer process with the: employee associations. The negoOat-or wadldact as chief � a for the City end werric tandems' the direction of thy: City A€ ridni.st rat or . &dation; 1be City Cs ci? aufb rrize Era stet to the contract with Yarltin J. Mayer Associates to sage negotiation services with five employee organizations ding calmder y*-tr 1983. Total acoas t autho - zed for this tac mould he $9,000 which would corer all negotiation services culminating c�rith nmiarandms of understanding recar cieby the City Aftirstrator and apl-r ved by City, h=il. &% lysis Based or experience .with Martin J. Mayer Associates during repot ati -is with the Fire Association, as wAl as reviei of odiar consultants in this field, the recomwoded cotmultant suers best able to perform the services described for the aforementioned cast, �'tmdj, Socarc`, t General Fund his currently authorized in "82-'83 Budget tender account 1?6404. Alternative Actions: ` ) Request adational camAtant proposals. 23 1.'cilizee city sty only for nqptiations. " Attackmmts t to c cnt ac wi &, rt`in J. Mayer Associates 4. s { SUPPLEMENTAL AGREEMENT NO. l TO LABOR RELATIONS SERVICES BtTWEEN CITY OF HUNTINGTON BEACH AHD! MARTIN J. MAYER ASSOCIATES This supplemental agreement No. I is made amending that certain agreement heretofore made and entered into by and ;between the CITY OF HUNTIUGTON BEACH, 2000 Main Street, Huntington. Beach, . California, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 14ARTIN J. MAYEFi ASSOCIATES, hereinafter referred to as "CONSULTANT." RECITALS WHEREAS, CITY has a need for s nn-going consultation services in the field of labor relations and negotiations and desires to fig.! the position with an independent contractor, to be hired on a contract for a. limited terns as provided herein; and CONSULTANT will not be a member of the CITY's personnel system and CITY has reviewed the requirements for the position, has coh6jeted the selection procfss as required by section 3.04.060 of the Runti:ngton Beach 14 ,nici.pal Code, and finds CONSULTANT to bo qualifird and willing to contract with CITY ,for that poaitiov wider the terms and conditions set Barth herein. CITY OF HUNTI COUNCIL ADMiNISTPA1 HLhUW.T(W tIA01 i To Honorca' le Mayor and ` City Council Members A3 Subject AGENDA I'Ir M H_1 Amendment, to Labor 'Relations Contract/Marty J. Mayer Associ xTON BEACH GA $3-11 COMMUNICATION From Charles W. Thompson, City Administrator p- Bate March 2, 1983 .s s. _s 9 The RCA for agenda Item H-1 is currently being prepared by 'Personnel. and the City Attorney's office. Tae material would have been to you with the regular agenda packet, but due to the emergency weather con- ditions, we were unable to meet the deadline„ The RC.k will be delivered to you can Frriday, March 4. 1983 by our � Administrative Interns. Respectfully submitted, G eel, deels Sal. Thompson, City Admini s t,� or CL 1p = �. REQUEST FOR CITYCOUNCIL ACTION RCA 82-2 Date November 1, 1982 Submitted to', Honorable Mayor and Ci ty Counci l Members WIT �eVD � � •. Submitted by Charles W. Thompson, City Administrat x Prepared by Richard Barnard, Assistant to the City A strator Subg`eat: AGREEMENT BETt-TEEN MARTIN d. MA'XER ASSOCI A THB CITY OF x3'UNTINGTON BEAC:II Statement of Issue, Recommendation, Analysis, Funding Source, Alternatives Actions, Attachr*sents. cy Statement of Issue In accord ce -with d1reaction given by the City Council, are agreement has been prepared between Martin L'. Mayer Associates and the City to provide ongoing consultation in the field of employer -employee relations. Recommendation Approve the ,Agreement for Labor Relations Services between Ptaxtin J. Mayer Associates and the City of Huntington Beach and aut;hcoriae the Mayor and City Clerk to execute said Agreement. Ataalyai s The firm of Martin J. Mayer Assn,�-iaters is currently negotiating on the Czty's behalf with the VireMman' Association as directed by City Council on September 13,, 1982. In addi, ion, the City Council directed, tl - pre- paration, of an agreement with Martin, J . Mayer Associates to provide on- going consultation to the City Administrator in the field of employer - employee .relations. Thiz agreement is for a orze year to,= not to exceed $12,000 with 30 day termination by either party without cause. Funding Source Account 41.76404, Labor lNegotiati,ons. ;Alternative Hire additional personnel and 4o all work in-house. M t REQ1JE ,,T, FOR CITY GOUNGI : ACTION s DateSeptember 13 1962,y� %bmitted to Honorable Mayor and City �;��er „ DI Submitted by* Charles W. Thom SRV;' C ityy{ Adminis Subject. LABOR NEGQTIAtOR e tuA . Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issues ..°' Nick Counter is no longer with th-e firth which has performed labor negot- iations for the past and anew negotiator is needed. r, E Recormmendation l 1. Contract with Martin J. Mayen Associates for the sum of $2,000 to negotiate on behalf of the City with tk , P rerven's -Association in October when their contract expires. 2 Direct; the preparation of an agreement with Martin J. Mayer Associates I to provide ongoing consultation in they field of employer-employe-Q relations for a monthly retainer of $1,000 per month. Analysis Under our codes, the City Administrator is authorized to contract directly for any professional�yice under $2,500 when procurement of such services has been, sidering the urgency of having a negotiator by October, I am planning on obtaining the servtc:es of Martin J. Mayer to handle negotiations. In addition, it is advisable to have the same firm on -board during the year to advise regarding employer -employee relations. This service would be offered for a monthly retainer of �1,000. y Fund�ng,Source Account. 176404, La nor Negotiations asn.�rst a