HomeMy WebLinkAboutLABOR MANAGEMENT SUCCESS - RENEE MAYNE - 2005-11-07Council/Agency Meeting Held: �� - U 7 — 9-5-
Deferred/Continued to:
UrApproved ❑ Conditionally Approved 0 Denied 7��ity Clerk's Signature'
Council Meeting Date: November 7, 2005 Department ID Number: ADCS-05-17
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CCIIT,.Y COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CU RETH-GRAFT, CITY ADMINISTRATOR
PREPARED BY: CHARLES THOMAS ACTING DEPUTY CITY ADMINISTRAT6R
SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND LABOR MANAGEMENT
SUCCESS (RENEE MAYNE) FOR LABOR NEGOTIATION
SERVICES
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Labor contract negotiations with all the employee associations will take
place at various times during the next two to three years. A chief negotiator is needed to
represent the City of Huntington Beach in these negotiations.
Funding Source: Funding is budgeted in the FY 2005/2006 General Fund Budget for City
Administration professional services contracts for labor negotiations ($123,500), business
unit 10035303. Ongoing appropriations to this account will be needed in FY 2006/2007 and
2007/2008 General Fund Budgets.
Recommended Action: Approve and authorize execution by the City Administrator the
three-year professional services contract between the City of Huntington Beach and Labor
Management Success (Renee Mayne) for chief negotiator services.
Alternative Action(s): Deny the recommended action and direct staff accordingly.
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REQUEST FOR ACTION
MEETING DATE: November 7, 2005 DEPARTMENT ID NUMBER:ADCS-05-
17
Analysis: Labor contract negotiations are scheduled to begin with the Huntington Beach
Police Officers' Association (HBPOA) within the next two months. Negotiations with other
employee associations will take place at different times during the next two to three years. A
professional consultant for chief negotiator services is needed to represent the City of
Huntington Beach during these negotiations. A professional consultant would provide
valuable expertise and staff support.
The requirements for contracting for professional services, as described in Chapter 3.03 of
the City of Huntington Beach Municipal Code, have been met. A written Request for
Qualifications (RFQ) was sent to following companies that provide negotiation services: PRC
of Ventura, California, The Janzen Group of Hillsborough, California; Dignity Dispute
Resolution of Los Angeles, California; Gibson, Dunn and Crutcher of Los Angeles, California;
Avery and Associates of Los Gatos, California and Labor Management Success (Renee
Mayne) of Monterey, California. The RFQ was also posted on the City's web site.
Responses to the RFQ were received from Avery and Associates and Labor Management
Success. Upon review, Labor Management Success (Renee Mayne) was selected as the
professional consultant who staff believes best meets the needs of the City for chief
negotiator services. Labor Management Success (Renee Mayne) represented the City in the
most recent labor negotiations and staff opines that she represented the City's interests well.
A check of Renee Mayne's references was positive. A copy of her written proposal and
references is attached.
The proposed contract with Labor Management Success would be for a three-year period.
During this period, the hourly fee for the negotiation services would not change.
Environmental Status: N/A
Attachment(s):
2
Professional Services Contract between the City of Huntington Beach
and Labor Management Success for chief negotiator services
Proposal and references submitted by Labor Management Success for
chief necwtiator services
UAChief Negotiator RCA.doc -2- 10/25/2005 3:40 PM
ATTACHMENT 1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LABOR MANAGEMENT SUCCESS
FOR
CITY OF HUNTINGTON BEACH
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificateof Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification............................................................................................................. 8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal.................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LABOR MANAGEMENT SUCCESS
FOR
CITY OF HUNTINGTON BEACH
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and Labor Management Success, a sole proprietorship hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide chief
negotiator services for labor contract negotiations; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Renee Mayne who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on November 8, 2005 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless
extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall
be completed no later than November 8, 2008 from the Commencement Date. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed Three hundred seventy thousand five
hundred Dollars ($370,500.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
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approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/citywide/revisions/profservl0/15101-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled
by either parry, reduced in coverage or in limits except after thirty
(30) days' prior written notice; however, ten (10) days' prior written
notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
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unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
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CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Deputy City Administrator of City
Services
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Labor Management Success
Attn: Rene Mayne
P.O. Box 982
Monterey, CA 93942
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
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19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
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21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on , 20
agree/citywide/revisions/profservl0/15/01-A 10
0
is
CONSULTANT,
Labor Management Success
By: Rende Mayne, Principal
01, 911-�
2- ols-
agree/citywide/revisions/profservl0/15/01-A 11
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
$�este� of _A � M � �► t 3'M.�� e,.J � C t7 y
EQuZ`( (Pursuant To HBMC §3.03.100) SIL 1LE.5
APPROVED AS TO FORM:
City Attorfly
REVIEWED AND APPROVED:
/ &"I - L�X
0 City Administrator
(only for contracts $50, 000.00 and over)
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
To provide the services of a chief labor negotiator for negotiations between the City and
it's bargaining units.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. In accordance with the direction of the City Administrator and/or the Deputy
City Administrator of City Services, during the term of this agreement, the
Consultant shall provide the City professional advice and execute the process
and final disposition of labor negotiations for bargaining units assigned to the
Consultant.
2. The Consultant shall serve as chief negotiator for labor negotiations between
the City and its bargaining units assigned to the Consultants.
3. 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 Administrator and/or Deputy City Administrator of City Services;
b. Upon the request of the City Administrator or Deputy City Administrator of
City Services, attending City Council closed session;
c. Providing professional advice to the City Administrator or Deputy City
Administrator of City Services regarding drafting of City contract proposals;
d. Providing professional advice to the City Council regarding the potential
options for reaching agreement with its bargaining 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. The Consultant may provide, at the City's request, under the direction of the
Deputy City Administrator of City Services, other related duties as it pertains to
Human Resources functions.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City Administrator or her designee to meet with consultants
2. Arrange negotiations session location, attendees, and logistics
D. WORK PROGRAM/PROJECT SCHEDULE:
Assist in the development of Memorandums of Understanding for the next three years.
jmp/contracts group/exA/10/25/05
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly ate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
The Cit shall pay the consultant the total of $100.00 (one hundred dollars) per hour for
contracted services rendered during the term of this agreement.
B. Travel
Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
char fog telephone calls or facsimiles to CITY. Photocopier costs should be no
agree/forms/exB-hourly fee/10/25/05 EXHIBIT B
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required..
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
agree/forms/exB-hourly fee/10/25/05 EXHIBIT B 2
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/10/25/05 EXHIBIT B
Hourly Payment
Suiiy
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Christi Mendoza, Risk Management
2. Date: October 24, 2005 Q, nu'w aac
3. Name of contractor/permittee: Labor Management Success (Rene Mayne)
4. Description of work to be performed: Labor relations consultant work
5. Value and length of contract: 30-day cancellation notice and cancellation wording
6. Waiver/modification request: Not -to -exceed $123,500: 11/08/05 - 11/08/08
7. Reason for request and why it should be granted: Unable to comply with the city's zero
deductible and cancellation clause wording insurance requirements
8. Identify the risks to the City in approving this waiver/modification: None.
Head Signature
10 -ay-o is
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Managemerl�andtfie City Attorney's Office disagree.
1. Risk Management
Approved ❑ Denied �, 2 1-2
Si nature Date
2. City Attorney's Office
proved ❑ Denie 7/
Signatur Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
ACORD' CERTIFICATE OF LIABILITY INSURANCEDATE
710/24/2005
°"
PRODUCER
TRANS CAL ASSOC-FOR QUESTIONS
CONTACT: IRENE C HERMAN INSURANCE
422 PRESIDIO AVENUE
SAN FRANCISCO, CA 94115
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
INSURERS AFFORDING COVERAGE
INSURED IRRENEE MAYNE
DBA: LABOR MANAGEMENT SUCCESS
15490 WEATHER ROCK WAY
ORRAL DE TIERRA, CA 93908
INSURERA BURLINGTON INSURANCE CO
INSURERB: LLOYD'S OF LONDON
INSURER C:
INSURER
yT.,
INSURER E: CB/nh
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE. BEEN REDUCED BY PAID CLAIMS.
RSR
TYPE Of INSURANCE
POLCV1AlERER
POLICY EFFECTIVE
DATE WAVIDA-Y)
POLICY EXPIRATIONLTR
DATE I[MINVIDN'D
LIMITS
GENEW LUUMAY
EACH OCCURRENCE
$ 1, 0 0 0, 0 0 0
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE Wry one fire)
F 100,000
CLAIMS MADE FXJ OCCUR
MED EXP Om one person)
S 5,000
A
149B003000
01/14/05
01/14/06
PERSONAL & ADV INJURY
51, 000, 000
GENERAL AGGREGATE
F 1, 0 0 0, 0 0 0
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMPIOP AGO
s EXCLUDED'
X POLICY PEP LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMR
(Eaaccideno
_
BODILY INJURY
(Per person)
=
ALLOWNEDAUTOS
SCHEDULEDAUTOS
BODILVIWVRY
(Peracciden8
s
HIREDAUTOS
NON-OWNEDAUTOS
AS
O FORM f• ltlY'd
•
PROPERTY DAMAGE
(Per accideno
s
-I !y McG
1 a l
TIN
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w
_
GARAGE LIABILITY
AUTO ONLY. EAACCIDENT
$
OTHER THAN EAACC
E
ANY AUTO
$
AUTO ONLY. AGG
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
F
OCCUR F-1. CLAIMS MADE
F
F
DEDUCTIBLE
$
RETENTION F
WORKERS COMPENSATION AND
WCSTATLL OTR
TORY LIMITS ER
EMPLOYERS LIABILITY
-
E.L. EACH ACCIDENT
f
E.L. DISEASE - EA EMPLOYEE
E
E.L. DISEASE - POLICY LIMIT
F
071ER
B
bl&OLE2eioi4vr
VH1W014838
01\14\02
OJ i'Me
ETO T4,000,000
DESCWTION OF OPERATIONSAOCA710NSWHICLESiEXCLUSIONS ADDW BY ENDORSEIENT/SPECML PROYSIONIS
THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES IS NAMED AS
ADDITIONAL INSURED. EVIDENCE OF PROFESSIONAL LIABILITY ONLY.
*10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER I I ADMIONIN INSURED /LVRRL I FTTIF. CANCELLATION
SHOULD ANY OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
`ADDITIONAL INSURED**
DATE THEREOF, THE ISSUING WSWER VAL MAIL 30 DAYS YNBTTEN
THE CITY OF HUNTINGTON BEACH
NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
RISK MANAGEMENT
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
17Vm;Ftrans Cal AsHD(;iatE:s
ACORD 25S (7197)
0 ACORD CORPORATION 1989
POLICY NUMBER: 149B003000 ENDORSEMENI #:03
NAMED INSURED:RENEE MAYNE DBA: LABOR MANAGEMENT SUCCESS
EFFECTIVE DATE: 10/20/2005
INSURANCE COMPANY: The Burlington Insurance Company
PRODUCER:TRANS CAL ASSOCIATES
3800 WATT AVENUE SUITE 110
SACRAMENTO CA 95821
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERALCHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
Enter Coverage Part here
Commercial General Liability Policy
THE CITY OFHUNTINGTON BEACH IS ADDED TO THIS POLICY AS ADDITIONAL INSURED PER
BG G 370 ATTACHED.
Premium Tor Tni tinan a tnoorsemern:
$ 100 . 0 0
No Premium Change
Additional Premium
$ 3 . 0 0
Other Charges, if applicable
TAX
STATE
(specify)
$ .2
Other Charges, if applicable
STAMPING FEE
(specify
$
Other Charges, if applicable
(specify)
$
Other Charges, if applicable
(specify)
$ 103.231
No Premium Change
Total Additional Premium Due
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
IFG-1-0151 01 05 NH Issue Date:l o/ 2 4 7 0 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(TENDER OF ANY LOSS TO OTHER AVAILABLE INSURANCE, AND EXCLUSION OF EMPLOYEE INJURY)
This endorsement modifiesinsurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below
Attached to and forming a part of Policy
Number
Endorsement Effective
Standard Time
Endorsement Number
mm dd 12:01 A.M.
199B003000 10/20/2005 03
(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
Authorized Representative Date
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
This endorsement is provided in consideration of an additional premium.
Premium: Exposure: Only the person or organization named Classification Code: 49950
Who Is An Insured (Section II) is amended to
This insurance does not apply to any "bodily
include as an insured the person or organization
injury" to:
shown in the SCHEDULE, but only with respect
a. An "employee" of any insured, or a
to liability arising out of your ongoing operations
person hired to do work for or on behalf
performed for that insured, including acts or
of any insured or a tenant of any insured,
omissions of the Additional Insured in connection
that arises out of and in the course of:
with the general supervision of such operations.
Except as provided above, this insurance does
(1) Employment by any insured; or
not apply to any "bodily injury," "property
damage" or "personal and advertising injury"
(2} Performing duties related to the.
arising out of or resulting from the neglect or
conduct of any insured's business; or
negligence of the Additional Insured described in
b. The spouse, child, parent, brother or
this endorsement.
sister of that "employee" as a con -
The company will have no duty to defend any" suit"
sequence of Paragraph a. above.
which alleges neglect or negligence of the
This exclusion applies:
Additional Insured.
If other valid and collectible insurance is available
a. Whether an insured may be liable as an
to the person or organization shown in the
employer or in any other capacity; and
SCHEDULE for a loss we cover under Coverage A
b. To any obligation to share damages with
or B of the Coverage Form to which this
or repay someone else who must pay
endorsement attaches, then the person or
damages because of the injury.
organization shown must also tender any loss to
each such other insurance. Should such other
These provisions and exclusions apply in addition
insurance apply, then this insurance is excess
to those contained in the Coverage Form. All of
over any other such insurance.
the provisions and exclusions of the policy that
apply to LIABILITY COVERAGES also apply to
this endorsement.
BG-G-370 0503 Page 1 of 1
09/241�004 04:53 8314842884
V14UL UZ
CITY OF HUNTINGTON BEACH
2000 Main Street, Huntington Beach, CA 9264E
Declaration of Non -Employer Status
In order to corripty with the City Council Resolution No. 6277. you are required
to provide proof of Workers' Compensation Insurance. If you have no
employees, this form must be signed and returned to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92-648
1 certify that in the performance of the activity or work for which this permit is
issued. I shall W employ any person in any manner so as to become subject to
California Workers' Compensation Insurance requirements.
I authorize the City of Huntington beach to immediately and retroactively
revoke the license or permit issued under this declaration if I hire any
employee(s) or become subject to the provision of the laws requiring Workers
Compensation Insurance.
Applicant/Corn anyName.
Address: D Noolevey,
Applicant's Signature:
Title: a-e!c! r)
Location Signed: 0 e) -/A
Telephone Number.
ATTACHMENT 2
Labor
Management
Success
September 13, 2005
Richard Amadril
Central Services Manager
City of Huntington Beach
2000 Main Street, Lower Level
Huntington Beach, California 92648
PO Box 982
Monterey, California 93942
831.484.2884 Phone
831.417.2190 Fax
www.labormanagementsuccess.com
RE: REQUEST FOR QUALIFICATIONS FOR CHIEF LABOR NEGOTIATOR
Dear Mr. Amadril,
Thank you for the opportunity to provide the City of Huntington Beach a proposal for
Chief Labor Negotiator services.
My work is dedicated to helping employers improve their relationship with their
employees though positive labor relations. I have over twenty years of experience in
labor relations, both from the labor and management sides. I have successfully negotiated
over three hundred public and private sector labor agreements. I resolve difficult
situations through a principled, team based, relationship building partnership approach.
I have negotiated labor agreements for urban, suburban and rural public agencies of all
sizes. I work collaboratively with the management team and am flexible in how I work
for each agency; I tailor the level of service and independence of work to the needs and
expectations of the agency. For example, I typically train the management bargaining
team, develop and cost the employer's contract proposals, analyze and cost employee
proposals, develop a strategy for successful, win -win negotiations, receive economic and
policy authorization from the decision makers and report the status of bargaining to the
decision makers. During contract negotiations, I develop counter proposals and contract
language and at the conclusion of negotiations, I write the final Memorandum of
Understanding. However, if it is your preference, I will act as a support to City staff and
complete any part of this process.
It is my intention that the process of labor negotiations be a principled, positive,
relationship building experience between management and labor. Through an analysis of
the existing relationship and the goals of each side, I develop a strategy to achieve a
mutual agreement that both sides view as fair, honest, respectful, with integrity and wise.
My fee structure is $100.00 (one hundred dollars) per hour, including travel time (per
mapquest.com). I charge for mileage (IRS rate, mileage per mapquest.com), lodging,
printing and mail delivery expenses. I do not charge for meals. I bill on a bi-weekly
basis.
CA PI # 23968
I have attached my resume, a list of public sector clients in California I have served,
references, and a recommended process for successfully negotiating contracts with the
City of Huntington Beach. For more information about my work, please visit my web
site at www.labormanagementsuccess.com
My strengths are that I am passionate about providing my clients top quality services and
achieving organizational goals through a positive labor relations program. I look forward
to the opportunity of serving as your trusted Chief Labor Negotiator and assisting the
City of Huntington Beach achieve successful outcomes with your employees.
Thank you for considering my services. If you have any questions or I may provide you
further information, please feel free to contact me any time either at my office at 831-
484-2884 or on my cell phone at 831-776-9009.
Sincerely,
Ren6e Mayne
Renee Mayne
PO Box 982
Monterey, California 93942
831.484.2884 Office
831.417.2190 Fax
rvm@labormanagementsuccess.com
CA PI# 23968
LABOR NEGOTIATOR AND WORKPLACE INVESTIGATOR
❑ Chief Negotiator specializing in improving labor management relationships
through positive labor negotiations and creative problem solving
❑ Licensed Private Investigator specializing in discrimination, sexual harassment,
hostile work environment and employee misconduct complaints
RELATED EXPERIENCE
Consultant, Labor Management Success, 1999-Present
❑ Self employed consultant, negotiator and investigator
❑ Serve as advisor to executive management as chief labor negotiator, management
trainer and workplace investigator
Dgputy 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 and employee benefits 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, investigating and resolving
grievances, complaints and 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
CLIENT REFERENCES
City of Capitola
City of Covina
City of Fresno
City of Hollister
City of Palm Springs
City of Redlands
City of Redondo Beach
City of Sacramento
City of Sausalito
County of Monterey
County of Plumas
County of San Benito
Half Moon Bay Fire Protection District
Monterey Peninsula Airport District
Salud Para la Gente
Southern Marin Fire Protection District
LABOR MANAGEMENT SUCCESS
PUBLIC SECTOR CLIENT REFERENCE LIST
City of Capitola (2004-2005)
Police Negotiations
Contact: Lisa Murphy, Assistant to the City Manager 831-475-7302
City of Covina (2002-2005)
Police and General Unit Negotiations
Contact: Robert Neiuber, Human Resources Manager 626-858-5551
City of Fresno (2004-2005)
General Unit, Blue Collar, Bus Driver and Trades & Crafts Negotiations
Contact: Rhonda Lacy, Senior Labor Relations Analyst 559-621-6980
City of Hollister (2003-2004)
Police, Fire, General Unit, Mid -Management, Executive Management —Impact
Bargaining
Contact: Clay Lee, Administrative Services Director 831-636-4324
City of Palm Springs (2003-2004)
Police, Police Management, Fire, Fire Management Negotiations
Contact: Troy Butzlaff, Assistant City Manager 760-323-8201
City of Redlands (2000-2001)
Police, Fire, General Unit, Mid -Management, Executive Management Negotiations
Contact: Karen Olson, Human Resources Manager (now with City of Upland) 909-931-
4177
City of Redondo Beach (1999-2005)
General Unit, Blue Collar Negotiations; Police, Fire, General Unit, Mid -Management,
Executive Management, Police, Fire Labor Management Committee; Workplace
Investigations
Contact: Cathy Thompson, Labor Relations Manager 310-371-1171
City of Sacramento (2002-2003)
City Management/Fire Unit Labor Management Partnership Training
Contact: Dee Contreras, Labor Relations Director 916-808-5424
City of Sausalito (2003-2005)
Police, Fire, General Unit Negotiations
Contact: Dale Vaughn, Human Resources Manager 415-289-4130
County of Monterey (1999-2004)
General, Supervisory, Mid -Management, Management, Deputy Sheriffs, Sheriff
Management, Social Workers, Probation Officers, Prosecutors, Public Defenders Unit
Negotiations; Workplace Investigations
Contact: Sally Reed, County Administrative Officer (retired) 831-755-5115; Rudy
Asunsolo, Equal Opportunity Officer (moved to Oregon) 831-755-5115
County of Plumas (2002-2005)
General, Supervisory & Mid -Management, Crafts & Trades, Deputy Sheriffs
Negotiations
Contact: Gayla Trumbo, Human Resources Director 530-283-6444
County of San Benito (2003-2005)
Workplace Investigations
Contact: Liz Brown, Human Resources Director 831-636-4000
Half Moon Bay Fire Protection District (2003-2005)
Workplace Investigations
Contact: Jerry Donovan, Board President 650-726-2425
LABOR MANAGEMENT SUCCESS
RECOMMENDED NEGOTIATION PROCESS
Bargaining Preparation:
Information and proposals provided by City Staff to Chief Negotiator
u
City and Chief Negotiator develop a principle based process to achieve a
positive outcome and mutual agreement
i,
Bargaining Parameters established by City Administrator/City Council
b
Strategic Bargaining Plan established by Management Team and Chief Negotiator
a
Management Team Bargaining Training - facilitated by Chief Negotiator
b
Get to Know You meeting(s) between City management staff and Chief Negotiator
0
Get to Know You meeting(s) between Union/Employee Representatives and
Chief Negotiator
0
Management Team, Chief Negotiator and Union/Employee Representative agree upon and
schedule a series of whole day, back-to-back negotiating dates
❑t
Chief Negotiator and Union/Employee Representatives exchange ground rules/proposals in
advance of first negotiation
0
Whole day, back-to-back negotiations begin
I City and Unions/ Employee Representatives reach a tentative agreement I
b
Union ratifies tentative agreement
City Council ratifies tentative agreement
Chief Negotiator drafts final agreements to be signed by City and Union/Employee
Representative
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration - City Services
SUBJECT:
Professional Services Contract for Labor Negotiator
COUNCIL MEETING DATE:
November 7, 2005
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
❑
(Signed in full by the City Attomey)
Attached
❑
Subleases, Third Party Agreements, etc.
Not Applicable
(Approved as to form by City Attome )
Certificates of Insurance (Approved b the City Attome
( pp Y Y Yl
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudget, over $5,000)
Attached
Not Applicable
❑
Bonds (If applicable)
Attached
Not Applicable
❑
Staff Report (If applicable)
Attached
Not Applicable
❑
Commission, Board or Committee Report If applicable)
p ( pP )
Attached
Not Applicable
❑
s/Conditions for Approval and/or Denial
Find ings/Cond
g pp
Attached
Not Applicable
❑
Administrative Staff
Assistant City Administrator (Initial) I( )I ( P6 )
City Administrator (Initia
Citv Clerk
RCA Author: C. Thomas
i