The URL can be used to link to this page

Home My WebLink About16 - Labor Negotiations Contract010 Agenda Item # 16 CITY OF NEWPORT BEACH DEPARTMENT OF FINANCE Interdepartmental Memorandum September 27,1995 BY THE CITY COUNT TY OF NEWPORT BE nlrni 1 31995 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Director of Finance 4. 00. SUBJECT: LABOR NEGOTIATIONS CONTRACT C " ,30T5 - DISCUSSION: As part of the City's budgetary reorganization effective July 1, 1995, the Finance Department and Personnel Department were merged to form the Administrative Services Department. With the reorganization, the City's Personnel Director and Personnel Analyst retired. The City is currently in the process of hiring a Personnel Manager to assume many of the duties of these two positions. However, the volume of work in the Personnel Division will not allow the assumption of all the duties performed by these two retired individuals. The City has 8 recognized employee organizations including: The Newport Beach Police Management Association, the Newport Beach Police Officers Association, the Newport Beach Fire Management Association, the Newport Beach Firefighters Association, the Newport Beach Marine Safety Officers Association, the Newport Beach Professional and Technical Employees Association, the Newport Beach City Employees Association, and the Newport Beach Employees League. All of the employee contracts with these associations expire on June 30 or December 31, 1995. The City is desirous of retaining a professional employee relations consultant to negotiate new contracts with the above mentioned employee associations. Accordingly, the City staff interviewed Bill Avery of William Avery & Associates to perform this function. The City staff also checked out references on Mr. Avery from a client list he provided. Mr. Avery is proposing to provide any and all requested or required services within the Labor Relations activities of the City including but not limited to: Advise and consultation on all personnel and labor relations matters including grievances; negotiations with all City associations; mediation and any required impasse activities; and such other advice, opinion or assistance requested by the City through the City Manager or his/her designees. LABOR NEGOTIATIONS CONTRACT Page Two In consideration of the above services, the City shall pay Mr. Avery the sum of Four Thousand five Hundred Dollars ($4,500.00) per month for the period October 1, 1995 f through September 30, 1997. In addition to this retainer, Mr. Avery shall periodically submit an itemized travel expense report for lodging, meals and transportation in conjunction with the performance of the terms of the Agreement with Mr. Avery. Finally, this agreement may be canceled by the City at its sole discretion, at any time, upon 30 days written notice to Mr. Avery. RECOMMENDATION: It is recommended that the City Council approve the attached contract with William Avery & Associates for the performance of all requested or required services within the Labor Relations activities of the City and approve the accompanying budget amendment in the amount of $45,000 to pay for the monthly retainer and travel expenses of Mr. William Avery for the period October 1, 1995 through June 30, 1996. 09/27/95 5:29 PM AVERY.DOC WILLIAM AVERY & ASSOCIATES, INC. MANAGEMENT CONSULTANTS AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WILLIAM AVERY & ASSOCIATES This agreement, effective October 1, 1995, is entered into by and between WILLIAM AVERY & ASSOCIATES, INC. (hereinafter referred to as CONSULTANT) and the CITY OF NEWPORT BEACH (hereinafter referred to as the 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 the authority under state law to employ CONSULTANT; NOW THEREFORE, the parties to this agreement do hereby mutually agree as follows: I. DUTIES OF CONSULTANT 1. CONSULTANT will provide any and all requested or required services within the Labor Relations activities of the CITY including but not limited to: Advise and consultation on all personnel and labor relations matters including grievances; negotiations with CITY units (Newport Beach Police Officers Association, Newport Beach Police Management Association, Newport Beach Firefighters Association, Newport Beach Fire Management Association, Newport Beach Ocean Lifeguards Association, Newport Beach Professional/Technical Employees Association, Newport Beach City Employees Association and Newport Beach Employees League; mediation and any required impasse activities; and such other advice, opinion or assistance requested by the City through the City Manager or his/her designees. 2. CONSULTANT in carrying out the terms and conditions of this agreement is an independent contractor and is not an employee of the CITY. 3. William Avery shall be the individual within CONSULTANT's firm who shall be primarily responsible for providing required services pursuant to this agreement. Any back-up or supplemental services shall be provided by an individual(s) to be determined by the mutual agreement of the parties. 3'/z N. Santa Cruz Avenue, Suite B 9 Los Gatos, CA 95030 • (408) 399-4424 • FAX (408) 399-4423 I. DUTIES OF CITY 1. CITY shall cooperate with CONSULTANT in the performance of this agreement as 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 on-site, and d) Providing a suitable location where negotiation sessions may be conducted. III. CONSIDERATION 1. For the services described above, the CITY shall pay CONSULTANT the sum of Four Thousand Five Hundred Dollars ($4,500.00) per month for the period of October 1, 1995 through September 30, 1997. 2. CONSULTANT shall periodically submit an itemization of travel expenses including lodging, meals and transportation concerning negotiations called for in this Agreement on a form acceptable to CITY. CITY shall pay within thirty (30) days after billing is approved all reasonable expenses incurred for transportation, lodging and meals. 3. CONSULTANT shall not charge for clerical time, copies, phone call, etc., incurred by CONSULTANT at CONSULTANT's office. IV. TERM The term of this agreement shall be twenty-four (24) months commencing October 1, 1995. This agreement may be canceled by CITY, at CITY's sole discretion, at any time, upon 30 days written notice. Should the CITY cancel the agreement, the CITY shall compensate CONSULTANT for that portion of the agreement which has elapsed; provided, however, that CONSULTANT shall receive not less than twenty (20%) percent of a full years fee for each completed bargaining unit negotiation. LIAM A1VEiY �& ASSOCIATES CITY OF NEWPORT BEACH H. Avery Dated: Kevin Murphy City Manager Dated: Cir' • of Newport Beach NO. BA- 016 BUDGET AMENDMENT 1995-96 AMOUNT:1 $45,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriates surplus fund balance EXPLANATION: This budget amendment is requested to provide for the following: To provide for labor negotiations by a professional service. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account feral Fund 010 3605 REVENUE APPROPRIATIONS (3601) Division Number Account Number Amount Debit Credit Description Budgetary Fund Balance $45,000.00 Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 0610 Resource Management Account Number 8080 Services -Professional & Technical NOC Division Number Account Number Division Number Account Number Division Number Account Number Project Number $45,000.00 * Automatic System Entry. Signed: Signed Signed: Financial Approval: Finance Director Administrative Approval: City Manager City Council Approval: City Clerk Date Date Date