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HomeMy WebLinkAbout4.08 MuniDisputeResoCnsltSvs CITY CLERK File # [g~~[g-~reJ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 12t 1995 SUBJECT: Municipal Dispute Resolution Consulting Services - Contract Amendment Report Prepared by: Richard C. Ambrose, City Manager ". Exhibit I: / Current Contract for Consultant Services Exhibit 2: / Amendment No 1 to Contract Exhibit 3: / Budget Change Form EXHIBITS ATTACHED: RECOMMENDATION: ,/ 1-JJJ;/ 1) Authorize the Mayor to execute an amendment to the contract for Consulting Services with David Stiebel; 2) Authorize an additional appropriation from Unallocated Reserves to the City Council's Training Account in the amount of$10,833. FINANCIAL STATEMENT: The original contract amount was for $7,500 with each agency responsible for $2,500. It is currently estimated that the consultant's services required to extend the . contract through April 1996 to address the various issues currently under discussion would be a total of - --$40,000 with each agency sharing a total of$13,333.This would result in a net additional cost to the City of Dublin of$10,833. DESCRIPTION: In April 1995 the City Council authorized its Liaison Committee with the City of Pleasanton (Mayor Houston and Councilmember Moffatt) to participate in a process to attempt to resolve outstanding growth related issues between Dublin, Pleasanton, and the Dublin San Ramon Services District. As part of the Council action, the Council authorized the execution of an agreement with David Stiebel for municipal dispute resolution consulting services to assist the three agencies in resolving their mutual concerns. Since that time, representatives from DSRSD, the City of Pleasant on, and the City of Dublin have met numerous times with each other, as well as separately with Dr. Stiebel in order to attempt to address those issues related to growth that are important to each agency, as well as attempting to identify possible avenues for resolving those issues. Although the three agencies have not yet reached an agreement on the issues identified, the experience to date has been relatively positive. .------------------------------------------------------------------- .: COPIES TO: ITEM NO. f.2f Dr. Stiebel has provided services up to the contract maximum and a contract amendment is necessary if the parties wish to continue to work with Dr. Stiebel. The consultant estimates that assuming the current work level extending the contract level through April 1996 would require 217 additional hours of work at the existing contract rate ($150 per hour), this would require an additional expense of up to $32,500 - making the to~ contract :mount $40,00? ~s amount .w.o~d be split three ways which wo~d result in a.,,:. share for the CIty of Dublm of$13, 333 mclusIve of the ffiltial contract amount of $2,500 which the . ' Council previously authorized. Although there were sufficient funds for the initial $2,500 within the City Council Training Account, if the Council wishes to continue with these services, an additional appropriation from the General Funds Unallocated Reserves would be required in the amount of$1O,833. The Pleasanton City Council approved the contract amendment on December 5, 1995. The Dublin San Ramon Services District General Manager indicated that the District would likely continue if the City of Dublin continues the process. It is the recommendation of Mayor Houston and Councilmember Moffatt that the City authorize the Liais9..n Committee to continue with the process and approve the contract amendment. g/cc-mtgsldec-95/127 stiebl ., .' CONTRACT FOR CONSULTANT SERVICES . ~ THIS AGREEMENT is made and entered into this 10th day of July ~ ~.ti-; 1995, by and between the CITY OF PLEASANTON, a municipal corporation, the CITY OF DUBLIN, a municipal corporation, and the DUBLIN SAN RAMON SERVICES DISTRICT, a public entity of the state of California, and DR. DAVID STEIBEL, 840 Talisman Drive, Palo Alto, CA 94303 (415-856-3051). Hereafter, the three public entities shall be referred to as "Agencies", and Dr. steibel as "Consultant". WIT N E SSE T H: ~ A. Consultant is qualified to provide, and experienced in providing, mediation and has offered his services for the purposes specified in this Agreement. B. In the judgment of the Agencies, it is advisable to employ the services of Consultant for the purposes provided herein. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, Agencies and Consultant agree as follows: .' 1. Consultant's Services. Consultant shall provide mediation and related services to resolve conflicts among the Agencies. Consultant may perform at his office a significant portion of the services, such as analysis and drafting documents. 2. Compensation. Agencies shall pay Consultant at the rate of $150/hour plus expenses (e. g. phone, photocopying, mileage, travel), but in a total amount not to exceed $7500. Mileage for automobile travel will be billed at $.29 per mile. Travel time is billed at one half the hourly rate. 3. Manner of Payment. (a) Consultant shall send invoices to the City of Pleasanton ("Invoiced Agency"), which will be responsible for paying the Consultant's invoices. The Invoiced Agency, in turn, will collect one third of the Consultant's invoices from each of the other two Agencies. All three Agencies will equally share the cost of Consultant's services, regardless of the amount of time he spends talking exclusively with representatives of anyone Agency, but each Agency's share shall not exceed $2500. . (b) The Invoiced Agency shall pay Consultant within 14 business days of the date of an invoice. The Invoiced Agency shall notify the Consultant of any objection to any stat~ment 1 EXHIBIT 1 7. Termina tion. Any party may withdraw from this Agreement at any time, so long as the other parties have first been notified in writing and given a reasonable opportunity to meet and discuss the matter. All outstanding fees and expenses incurred by a withdrawing Agency will be due within 14 business days of withdrawal. 8. Non-Assiqnability. Consultant shall not assign or transfer this Agreement or any interest or obligation therein without the prior written consent of the Agencies, and then only upon such terms and conditions as Agencies may set forth in writing. 9. Indemnifv and Hold Harmless. .;., (a) Consultant shall indemnify, and hold harmless, the Agencies 'and their officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from negligent or wrongful acts of the Consultant arising out of Consultant's use of an automobile in the performance of his services under this Agreement. (b) Agencies shall hold harmless Consultant, his agents, and employees from any and all demands, claims or liability of any nature caused by or arising out of Consultant's use of information provided to Consultant by the Agencies or in the Consultant's conduct of meetings or events on behalf of the Agencies. 10. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at his own cost and expense the following insurance coverage: Automobile liability insurance in an amount not less than $250,000 per person/$500, 000 per occurrence. Consul tant represents that he has no employees. Should Consultant employ another, Consultant shall obtain Worker's Compensation Insurance for all of Consultant's employees, all in strict compliance with State laws, and to protect the Agencies from any and all claims thereunder. Consultant shall complete and file with the City of Pleasanton a certificate of insurance evidencing the insurance coverage(s) set forth above and which shall provide in writing that no cancellation, major change in coverage, or expiration by the insurance company will be made during the term of this Agreement without thirty (30) days written notice to the City of Pleasanton prior to the effective date of such cancellation or change in coverage. 11. Waiver. In the event that any of the Agencies or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. 3 . .' . ... e:: . :1/27/95 16:34 FAX 510 484 8236 ~004 CITY-PLEASANTON AMENDMENT NO.1 Dr_ David Steibel, City of Pleasanton, City of Dublin, Dublin-San Ramon Services District Contract for Consultant Services December 5, 1995 1. Amend Article 2 - Compensation "', , Agencies shall pay Consultant at the rate of $1501hour plus expenscs (e.g. phone, photocopying, mileage, travel), but in a total amount not to exceed $40,000. Mileage for automobile travel will be billed at $.29 per mile. Travel time is billed at one haIfthe hourly rate_ 2. Effective Date The amendment shall become effective retroactive to October 18, 1995. 3. Incorporate by Reference All items and conditions contained in the July 10th agreement between the City of Plcasanton, the City ofDubIin, the Dublin-San Ramon Services District, and Dr. David Steibcl are incorporated herein by reference. APPROVED AS TO FORM CITY OF PLEASANTON By: Michael H. Roush City Attorney Deborah Acosta City Manager Attest: Peggy Ezidro, City Clerk EXHIBIT 2 11/27/95 16:35 FAX 510 484 823 AtteSt: ", Attest: CITY oJ? DUBLIN By: DUBLIN-SAN RAMON SERVICES DIS~JCT By: CONSULTANT Dr. David Steibel .: .' , . . CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # . New Appropriations (City Council Approval Required): Budget Transfers: X From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity From New Revenues Between Departments (City Council Approval Required) Other !~,!~~~,r,~Mn'KDltEAS,',"','~',"'::"',','l'ril.tmG,',',',':,",:,",:'lJ.,!E,'::;:Xttttn,:,,:',":,:',.D.NlI,..,..,:",:,,:';:,JI,!~,:~,I,t,~~,~~,~~~~,'~,~,:!~,!~,HAMnnNj.t~~~~r~rn~~~r~rrt&CI.U!XSlltlmm!tltltt.c.fimWtll:H:!!!!nUr~!~_.mWtMf!~ff!l .......... ... ........ .. ................................. .., ......................................................:.........:.:.............:.:..........................:.... ....................................................................................................................................................................................................... Name: Name: City Council Training $10,833.00 Account #: Account#: 001-1010-724-000 Name: Name: '"', Account #:' Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: . Account #: Account #: Name: Name: Account #: Account #: REASON FOR BUDGET CHANGE ENTRY: TO TRANSFER FUNDS FROM UNAPPROPRIATED RESERVES TO CITY COUNCIL TRAINING FOR MUNICIPAL DISPUTE CONSULTING SERVICES. City Manager: Date: Signature .;.;.;.:.;.;.;.:.;.;.:.;.;.;.:.;.:.;.;.:.:.;.;.;.;.;...........:.:.:.:..... .................... .. ....:.:.:.:.:.:.:.:.:.:.:.:........ ,', i~~(//t/(~~{~r{: .......................... ..... ....................................... .........h...... ..... ......................................... ............... .................. ."" ,,:I,'i,::::::':i:::,I:!I~W;pi';9x~4:!:~Iim~!&1~Ml9HP9#::~1MRg:~pi;:::::!~::lif~ffi'::::::::::::~:'::;~:;:~:~:r!:!~I;:!::~!~!:!!~~I:i~!i!!!:!Ii~::~: .: Mayor: Date: Signature Posted By: Date: jomrsl1ntdgcJrng Signature EXHIBIT 3