HomeMy WebLinkAbout02/15/2005, C5 - AUTHORIZE EXPENDITURE OF FUNDS FOR LABOR RELATIONS CONSULTANT SERVICES f
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CITY OF SAN LUIS OBISPO ����
FROM: Monica Moloney, Director of Human Resour ",%A"�
Prepared By: Karen Jenny, Risk ManagerA
SUBJECT: AUTHORIZE EXPENDITURE OF FUNDS FOR LABOR RELATIONS
CONSULTANT SERVICES
CAO RECOMMENDATION
Authorize the Human Resources Department to expend up to $40,000 for labor relations
consultant services.
DISCUSSION
The City has contracted with William Avery and Associates since 1989 to assist Human
Resources staff with many labor relations issues. Mr. Avery has served as the City's chief
negotiator with several bargaining groups and has advised Human Resources staff on grievances .
and other sensitive and complex labor relations issues. In his role as chief labor negotiator for the
City, Mr. Avery has become exceedingly familiar with the City's culture, values, and in particular,
the issues and environment of City staff.
The City's purchasing guidelines allow the City Administrative Officer to approve expenditures
for consultant services up to $25,000. Current year expenses, through January 27, 2005, for the
contract with Avery and Associates total nearly $20,000, and staff expects the need for Mr.
Avery's services will continue for the remainder of the fiscal year at about the same pace as for
the first five months. Contract negotiations with the Police Officers' Association continue, and
staff anticipates the need for Mr. Avery's assistance in other confidential labor relations matters.
FISCAL IMPACT
Sufficient funding is available in the Human Resources 2004=05 budget for contract services.
Authorization is requested to encumber an additional $15,000 from existing funds above the
CAO's authority for consultant services.
ALTERNATIVES
Since this is a long-standing contract with significant benefit to the City, no viable alternatives
are presented for consideration.
ATTACIEMENTS
Contract with William Avery and Associates
G:Wgenda ReportsWvery Contract Authorization.DOC
�� I
AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
WILLIAM AVERY & ASSOCIATES
This agreement is entered into by and between WILLIAM AVERY & ASSOCIATES, INC.
(hereinafter referred to as CONSULTANT) and the CITY OF SAN LUIS OBISPO (hereinafter
referred to as CITY).
WITNESSETH:
WHEREAS, CITY has need for specialized CONSULTANT services; and
WHEREAS, CONSULTANT has the training, experience and competence to perform the
specialized service required by the CITY; and
WHEREAS, CITY has authority under state law to employ CONSULTANT;
NOW THEREFORE, the parties to this agreement do hereby mutually agree as follows:
DUTIES OF CONSULTANT
1 . CONSULTANT will provide any and all requested or required services within the Labor
Relations and Personnel activities of the CITY including but not limited to: Advise and
consultation; Grievance handling and processing; Negotiations with bargaining units;
Mediation and fact finding activities of such units; and such other advice, opinion or
assistance requested by the CITY through the Personnel Director or her/his designees.
2 When agreement is reached with any employee group, a.Memorandum of Agreement will
be prepared by CONSULTANT and submitted to the City Council for approval. When the
Memorandum of Agreement is approved and upon request, CONSULTANT shall meet
with designated City management to explain the provisions of any approved Memorandum
and to explain any changes in wages; hours and working conditions instituted by the CITY
pursuant to the meet and confer process.
3. CONSULTANT in carrying out the terms and conditions of this agreement is an
independent contractor and is not an employee of the CITY.
4 . The Personnel Director shall represent the CITY for the purpose of administering this
Agreement. William H. Avery of WILLIAM AVERY&ASSOCIATES shall be the
CONSULTANT's designated representative for the purpose of administering and
performing services under this Agreement. CONSULTANT shall not delegate or assign
the responsibility for conducting the services on behalf of the CITY above set forth without
the prior written approval of the CITY having been first obtained.
II.
DUTIES OF CITY
1 . CITY shall cooperate with CONSULTANT in the performance of this agreement as
cam- �
follows:
a) Providing all information reasonably accessible to the CITY which may be helpful
to CONSULTANT in the performance of his services, and
b) Providing a management team to assist CONSULTANT during negotiations
sessions, and
C) Providing clerical and stenographic assistance as CONSULTANT may reasonably
require when on-site and
d) Providing a suitable location where negotiation sessions may be conducted.
III.
CONSIDERATION
1 . In consideration for the services rendered by CONSULTANT as specified, CITY agrees to
pay CONSULTANT One Hundred Forty Dollars ($140.00) per hour.
2. CONSULTANT shall not charge for clerical time,copies, phone calls, etc. incurred by
CONSULTANT at CONSULTANT's office. CONSULTANT shall charge reasonable
and necessary travel expenses.
IV.
TERM
This agreement shall become effective commencing with the date of it's execution. The agreement
my be canceled by either party at any time upon written notice.
V.
MODIFICATION
This agreement may be modified upon mutual agreement of the parties.
WILLIAM AVER & ASSOCIATES CITY OF SAN LUIS OBISPO
William H. Avery Ann Slate
Dated: �'� Dated: gh &
Cs -3
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on the
15f day of
g20j,, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, herein after referred to as City, and William Avery & Associates, 3 '/2 N. Santa Cruz Avenue, Suite A,
Los Gatos,CA 95030,hereinafter referred to as Contractor. R c Vna`l�
ALG, 3
WITNESSETH:
' hiWlliff;-;{;;yOLi"GbS UEpI.
WHEREAS, on August 16, 1996 the City entered into an Agreement with Contractor for specialized
consultant services for labor relations and human resources activities; and
WHEREAS,the City desires to amend the scope of services to accurately reflect the charge for the services
and Contractor has submitted invoices for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended (Section III
CONSIDERATION,SECTION 1. of the original contract)to read as follows:
In consideration for the services rendered by CONSULTANT as specified, CITY agrees to pay consultant
Two Hundred Five Dollars($205.00)per hour.
2. All other terms and conditions of the Agreement remain in'full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO
j
City Clerk We ian,City dministrative Officer
APPROVED AS TO FORM: CONTRACTOR
7
By:
C Ay William Avery,William ry&Associates