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HomeMy WebLinkAboutAgenda Statement 1979/02/27 Item 10CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. '1_ For meeting of 2-27-79 ITEM TITLE Resolution 9~-/,~ -Approving agreement with Paterson and Taggart for labor relations consulting/negotiation services, and appropriating funds therefor SUBMITTED BY City Manager ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO ) At the Council Conference of January 25, 1979, a staff recommendation was approved which called for the retention of a noted law firm to perform as the City's chief negotiator in upcoming meet and confer sessions. Attached is an agreement with Paterson and Taggart that provides for such services. tXNl~llS -- Agreement X Resolution X Ordinance Plat Notification List Other ENVIRONMENTAL DOCUMENT: Attached Submitted on -ti, FINANCIAL IMPACT Appropriate $5,000 from the unappropriated balance of the .General Fund and place in Account 100-021.0-5201 (Professional Services). STAFF RECOMMENDATION Adopt resolution. BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION ~ ~/Z~~9 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PATER50N AND TAGGART FOR LABOR RELATIONS CONSULTING/NEGOTIATION SERVICES THIS AGREEMENT made and entered into this 27th day of February , 1978, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "CITY", and the law firm of PATERSON AND TAGGART, a professional corporation, hereinafter called "CONSULTANT/NEGOTIATOR"; W I T N E S S E T H WHEREAS, the City is required by Section 3500 et seq. of the Government Code of the State of California to meet and confer in good faith regarding wages, hours and other terms and conditions of employment with representatives of recognized employee organizations, and WHEREAS, Consultant/Negotiator is specially trained and possesses certain skills, experience, education and com- petency to perform labor relations services, and WHEREAS, City desires to engage Consultant/Negotiator as its chief representative for said meeting and conferring and other related matters in accordance with the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Employment City hereby agrees to engage Consultant/Negotiator and Consultant/Negotiator agrees to provide the labor relations services and advice as hereinafter set forth. 2. Administrators of Agreement City Manager, Lane F. Cole, shall be the City's representative for the purposes of this agreement. John Liebert, Attorney at Law, shall be in charge of the performance of this agreement on behalf of Consultant/Negotiator. 3. Performance On site performance of Consultant/Negotiator services under this agreement shall be provided by John Liebert, Attorney at Law, and/or such other attorney member of Consultant/Negotiator as approved by the City. 4. Scope of Services Consultant/Negotiator shall meet with the City Manager, his immediate staff and selected department heads to: A. Determine the operational problems caused by existing Memoranda of Understanding, personnel rules, compensation plan and management practices. -1- 515 B. Develop necessary survey and economic data. Upon compilation of required information, Consultant/ Negotiator shall assist the City Manager in formulation of recommendations for bargaining guidelines. Said recommendations will be presented to the City Council in Executive Session, at which time Consultant/Negotiator will receive Council direction regarding parameters for the meet and confer process. Consultant/Negotiator shall act as the City's princi- pal representative and spokesman at all meet and confer sessions with the following certified employee associations: Chula Vista Employees Association affiliated with the San Diego Public Employees Association Chula Vista Police Officers Association Local 2180, International Association of Firefighters, AFL-CIO Consultant/Negotiator shall conduct meet and confer sessions such that the process is concluded expeditiously. Conferences shall be held with the City P4anager and City Council as often as necessary during negotiations to review the City's position and obtain further instructions as may be called for. Every effort will be made to reach agreement on wages, hours and working conditions prior to June 1, 1979. Any re- sulting Memoranda of Understanding and other legal determinations, excepting routine decisions flowing from Consultant/Negotiator duties set forth herein, shall be reviewed by the City Attorney. Consultant/Negotiator and City Attorney shall jointly approve documents resulting from the meet and confer process, prior to their forwarding to the City Council for ratification. In the event of impasse, Consultant/Negotiator shall act as the City's spokesman in resolution proceedings. 5. Compensation City agrees to pay Consultant/Negotiator for services specified herein the lesser of the following amounts: 5eventy- Five Dollars ($75.00) per hour, Two Hundred Eighty Dollars ($280.00) per half day, or Five Hundred Sixty Dollars ($560.00) per day. All hours in excess of eight (8) in a single day shall be paid at the rate of Seventy-Five Dollars ($75.00) per hour. Consultant/Negotiator shall be paid monthly upon submission of invoices detailing the time devoted to perform- ance of this agreement. The maximum fee for services authorized to be performed by Consultant/Negotiator under this agreement shall not exceed a total sum of Five Thousand Dollars ($5,000.00). All Consultant/Negotiator expenses for transportation, office supplies, clerical and stenographic services and other incidentals shall be borne by Consultant/Negotiator. -2- sus 6. Term of Agreement This agreement shall commence upon execution of this document and extend to July 1, 1979. Extension(s) of relevant terms and conditions may be made upon written notice and acceptance by the parties hereto. 7. City Assistance City shall assist Consultant/Negotiator by providing any and all information within its possession or control which may be reasonably helpful in the performance of the services provided for herein. City shall provide Consultant/Negotiator with copies of all current and past agreements entered into between the City and any of its employees or employee organi- zations, as well as copies of all past and current negotiations files and those developed during the term of this agreement. City will assign staff members to perform as second- ary spokespersons, observers and resource persons as may be necessary. City will also provide one (1) confidential secre- tary who will be responsible for taking and transcribing mi- nutes of all meet and confer sessions. 8. Termination Either party may terminate this agreement at any time upon five (5) days written notice to the other. In such event, City shall pay Consultant/Negotiator fees at the rate set forth above for all time devoted to performance of this agreement accrued to the date of termination, provided that the total sum shall not exceed Five Thousand Dollars ($5,000.00). 9. Assignability Consultant/Negotiator shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to Consultant/Negotiator from City under this agreement may be assigned without such approval. Notice of any such assignment or transfer shall be furnished promptly to City. 10. Interest of Consultant/Negotiator Consultant/Negotiator covenants that he presently has no interest, including, but not limited to, other projects of independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. Consultant/Negotiator further covenants that in the performance of this agreement, no person having any such interest shall be employed or retained by him under this agree- ment. -3- Sls 11. Insurance and Hold Harmless Agreement Consultant/Negotiator agrees to maintain such insur- ance as will fully protect both Consultant/Negotiator and City from any and all claims under any workmen's compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this agree- ment, either by Consultant/Negotiator, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. Consultant/Negotiator shall exonerate, indemnify and hold harmless City from and against and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Consultant/Negotiator and Consultant/Negotiator's employees engaged in performance of this agreement, City and its agents and employees, shall not be, nor be held liable for any liabi- lities, penalties, or forfeitures, or for any damage to the goods, properties, or effects of Consultant/Negotiator, or of any other persons whatsoever, nor for personal injury to or death of them, whether caused by or resulting from any negligent act or omission of Consultant/Negotiator. The provisions of this paragraph do not relieve the City of its liability for damages to Consultant/Negotiator caused by City's negligent acts or omissions. Consultant/Negotiator further agrees to indemnify and hold harmless City and City's agents and employees, against and from any and all negligent acts caused by the Consultant/Negotiator. 12. Notice Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following address: City: Lane F. Cole City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Consultant/Negotiator: John Liebert Paterson & Taggart Attorneys at Law 2550 Via Tejon Palos Verdes Estates, CA 90274 13. Independent Contractor Consultant/Negotiator is, for all purposes arising out of this agreement, an independent contractor, and he shall not be deemed an employee of City. It is expressly understood and agreed that Consultant/Negotiator shall in no event be entitled to overtime, any retirement benefits, workmen's com- pensation benefits, injury leave or other miscellaneous benefits. -4- 5~S 14. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this agreement shall be sub- ject to private use, copyright, or patent right by Consultant/ Negotiator in the United States or in any other country without the express written consent of the City. City shall have un- restricted authority to publish, disclose, distribute, and otherwise use, copyright or publish in whole or in part any such reports, studies, data, statistics, forms, or other materials or properties produced under this agreement. 15. Terms to be Exclusive It is expressly understood and agreed that this written agreement constitutes the entire agreement, with respect to the subject matter herein, between the City and Consultant/Negotiator. No waiver, alteration, or modication of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the parties respectively. 16. Governing Law This agreement shall be construed and interpreted according to the laws of the State of California. IN WITNESS WHEREOF, City and Consultant/Negotiator have executed this agreement as of the date first above written. THE CITY OF CHULA VISTA ane F. ole, City Mana ATTEST City C erk Approved as to form by ~~'~~~~~ ~J~ George D. Lindberg, City Attorney -5- s ~s PATERSON & TAGGART Form No. F-229 12/73 CERTIFICATE OF CITY/DIRECTOR OF FINANCE I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount S 5,000.00 Fund General Purpose Agreement with Paterson and Taggart Bidder n/A 00 0210 5201 Date 2/23/79 ;/, j/L f~.~...., Director of Finance The City of Chula Vista Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ Director of Finance The City of Chula Vista Date Fund Purpose Bidder Certification of Unappropriated Balance By By Dept./Activity Certificate No. 63 S ~S