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HomeMy WebLinkAbout03/23/1992 B A K E R S F I E L D Patricia J. DeMond, Chair Lynn Edwards Mark Salvaggio Staff: Maureen Cotner AGENDA PERSONNEL COMMITTEE Monday, March 23, 1992 4:00 p.m. City Manager's Conference Room 1. Contract Renewal - Labor Negotiator 2. Temporary Salaries 3. Health Care Benefits Strategy - 1993 4. Set Next Meeting MEMORANDUM DATE: MARCH 19, 1992 /' TO: ERSO .E , FROM: ~URE~ CO~ER, PERSO~EL ~AGER SUBJECT: L~OR NEGOTIATOR CONTACT The contract for the City's labor negotiator, Mr. William Avery, will expire April 12, 1992. In determining whether to recommend the renewal of this contract, the Personnel Committee may Wish to consider the following issues: · Mr. AVery has conducted labor negotiations and worked to resolve labor issues with the City of Bakersfield since 1983. Since that time,' his contract has been renewed upon expiration. · The City is at a critical juncture in negotiations this year with our Fire and Police bargaining units. Would it b.e detrimental to these efforts to consider' other negotiators at this time? · The City has a practice of distributing Requests for Proposals for contracts for ongoing professional services. This allows the City the opportunity to review available providers, and to change providers as our needs change. The successful provision of services by a labor negotiator is predicated on continuity, credibility and establishing a relationship with all parties. Does the Co.~,ittee feel that the nature of the services provided by a labor negotiator lend themselves to the RFP process? If so, would the City be better served by structuring the timing of the process such that we would replace one negotiator for another between periods of negotiations? · Are there changes that should be implemented into the strategy for selecting and retaining a consultant to manage labor relations? Personnel Commit Page 2 March 19, 1992 ~' The Committee may wish to consider renewing Mr. Avery's contract at this. time to allow for conclusion of this' year's .bargaining efforts, and to institute a contract cycle which will allow, for a transition that does not conflict with negotiations-in-progress. This would be accomplished by extending the current 'contract for an eighteen month period, through October, 1993, and .distributing an RFP in April, 1993. This may be an advantageous t~me to consider this strategy,, as it appears that all bargaining units will be settling with multi-year contracts. The Committee may also wish to consider the implementation Of.Ran annual review by the Council of the performance 'of the City labOr negotiator. This would allow the Council to assess 'if'changes to- the City's labor relations strategy are called fOr MC/kef ' ~O~CO~A~Y . · .. ~REEMENT\ NO. AGREEMENT BETWEEN THE CITY OF BAKERSFIELD AND WILLIAM AVERY & ASSOCIATES FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER-EMPLOYEE RELATIONS THIS AGREEMENT, is made and entered into this day of , 1992, by and between the CITY OF BAKERSFIELD, a municipal corporation, referred, to herein as the ("CITY"), and WILLIAM AVERY & ASSOCIATES, INC., a California corporation, referred to herein as the ("CONSULTANT"). - RECITALS WHEREAS, CITY is obligated pursuant to state law and City policy to meet and confer with recognized employee organizations representing its employees in their employment relations with the CITY; and WHEREAS, the City Council desires to engage professional assistance in matters of labor relations representation and negosiations and in accomplishing the process of said meeting and conferring in relation thereto; and WHEREAS, CONSULTANT is a professional labor relations CONSULTANT and representative, who is well qualified by education and experience to pr'ovide such servi'ces; and WHEREAS, CITY, under authority of the ~Government Code proposes to engage. CONSULTANT in accordance'with the terms and conditions set forth herein to render such services. NOW, THEREFORE, CITY and CONSULTANT mutually agree as follows: 1. EMPLOYMENT OF .CONSULTAN~ CITY hereby agrees to engage CONSULTANT, and CONSULTANT hereby agrees to provide the services hereinafter set forth involving labor relations negotiations and' the instruction and training of management personnel in the implementation of labor relations agreements. 2. CONTACTS FOR RESPONSIBILITY., The City Manager shall' represent the CITY for the purpose of administering this Agreement. William H. Avery shall be CONSULTANT's designated representative for the purpose of administering, this contract. The individual within CONSULTANT's firm who will provide services to CITY as set forth in Section 3 will be 'decided by mutual agreement of the parties. CONSULTANT shall not delegate or assign his responsibilities under this contract without the prior expressed approved of CITY having first been'obtained. 3. CONSULTANT ~11 provide his special knowledge, services and skills as follows: a. CONSULTANT shall act as CITY's principal representative and Chief Negotiator' at all meet and confer sessions held with the Police, Fire, Fire Management, Miscellaneous Units (four (4) bargaining "tables"), and any other recognized bargaining unit 5hat may be formed. All such representations and negotiations shall abide by the guidelines established by the CITY, and CONSULTANT shall meet and confer as often as is reasonably necessary Until agreement with such ~ bargaining units is reached in conformance with such guidelines, or .until the City Council has determined, after consultation with CONSULTANT, that agreement is not reasonably possible with such bargaining units. CONSULTANT shall also act as CITY's representative at any and all impasse proceedings which may be conducted, such as mediation. CONSULTANT shall meet with the City Council, or a committee thereof, as often as is reasonably necessary during each meet and confer process to review CITY's position and obtain further instructions. b. When agreement is reached with an employee bargaining unit, a Memorandum of Understanding will be prepared by CONSULTANT and submitted to the City Council for approval. When so approved and upon request, CONSULTANT shall meet with CITY's management team to explain the provisions of any approved Memorandum of Understanding developed pursuan~ to this Agreemen~ and to explain any changes in. wages, hours and working conditions instituted by the CITY following the meet and confer process. c. Upon mutual consent of the parties, CONSULTANT shall act as CITY's principal representative and Chief Negotiator for units (bargaining tables) in addition to ~hose listed in 3(a) above. Such additional services shall be rendered at an annual retainer rate or at a fee mutually acceptable to the parties. d. During the negotiations process, CONSULTANT shall, upon request, meet with-management groups on an occasional basis to keep them generally informed as to the progress of bargaining with the basic units. It is clearly understood that these meetings are no~ to be as detailed, often, nor as many as normal bargaining units might require. 4. BEST EFFORTS' CONSULTANT is preparing a work product at the request of CITY. All work done under this Agreement will be on a best efforts basis. CONSULTANT agrees to dedicate the necessary personnel and time to carry out the work as proposed. In the that litigation is xed involving the work product of CONSULTANT, CONSULTANT will, at the request of the CITY,. assist the CITY in that litigation. Assistance shall be billed at the standard rates of ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) an hour or at a mutually agreed upon amount, and all such compensation is not a part of the compensation described in Paragraph 4 above. Should such litigation demonstrate that CONSULTANT was negligent or committed misfeasance or malfeasance in preparation of the Study, or used patented, copyrighted or proprietary information without full legal authority to do so, no added compensation shall be due for providing such assistance. 5. CITY ASSISTANCE. CITY shall assist CONSULTANT by providing information, -personnel, space and facilities as follows: a. Ail' information reasonably within CITY control or accessible to CITY and which may be helpful to CONSULTANT in the performance of his services as provided for herein; and b. A management team composed of members of the'affected departments and, at least, one member of the City Manager's Office to assist CONSULTANT during the meet and confer sessions; and c. Supplemental clerical and stenographic assistance as CONSULTANT may reasonably require for the performance of his services as provided herein; and- d. A suitabl'e location Where meet and confer sessions may be conducted. 6. ~ The respective duties and obligations of the parties hereto shall commence on the execudion of this Agreement, and continue for thirty-six (36) months thereafter. This Agreement may be terminated by either party .upon ninety (90) 'days wri,tten notice to the other; except that, if the yearly negotiations have been substantially completed, not less than · ninety percent (90%) 'of the yearly retainer amount shall be paid. ~7. FEE ARRANGEMENT. For the services described above, plus 1) unlimited telephone consultation, and 2) advice on other matters including employer-employee relations policies, personnel rules, mauagement compensation plans, grievance handling and contract administration, the fee shall be TWENTY-FIVE THOUSAND, TWO HUNDRED DOLLARS ($25,200.00) per.year (April 1 - March 31), payable in monthly installments of TWENTY-ONE HUNDRED DOLLARS ($2,100.00) upon receipt of invoice from William Avery & Associates, Inc. Any work.required of CONSULTANT by CITY outside the scope hereof shall be performed at an 'hourly fee of ONE ° HUNDRED TWENTY-FIVE DOLLARS ($125.00.00) or at a mutually agreed upon amount. -3- 8. TRAVEL LODGING. CONSULTAN hall 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 of receipt of billing, all reasonable expenses incurred for transportation, lodging and meals. 9. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT as an i'ndependent contractor, and CONSULTANT will not .be considered an employee of the CITY for any purpose and is not entitled to any of the benefits PrOvided 'by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than that of an independent contractor. 10. NEWS RELEASES/INTERVIEWS. Ail CONSULTANT and Subconsultant/Subcontractor news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the Contract Administrator. 11. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitrute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 12. FORUM. Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 13. HEADINGS. Ail paragraph or section captions are for reference only, a~d shall not be considered in construing this Agreement. 14. ~ Ail notices relative to this Agreement shall be g~iven in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at anY other address designated by.notice: CITY: CITY OF BAKERSFIELD City Hall 1501Truxton Avenue Bakersfield, CA 93301 CONSULTANT: WILLIAM AVERY & ASSOCIATES, INC. 19925 Stevens Creek Blvd. Suite 108 Cupertino, CA .95014 15. ASSIGNMENT, This contract shall not be assigned by any party, nor shall any party be substituted, without prior written consent of all the parties. -4- 16. BINDING EFFECT. The rights and obligations of this Agreemen~ shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, \ executors, personal representatives, successors and assigns. 17. ATTORNEY'S FEES. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbursable litigation expenses, such as expert witness f~es and investigation expense. 18. MERGER AND MODIFICATION. This contract sets forth the entire agreement between the parties, and supersedes all other oral or written representations. This contract may be modified only in a writing approved by' the City Council and signed by all the parties. In the event of a conflict between the terms, conditions or specifications set forth herein and those in Exhibits attached hereto, the terms, conditions or specifications set forth herein shall prevail. 19. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 20. ~QMPLIANQE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole' cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating t0 or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 21. ~ CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against the, or any of the, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONSULTANT, CONSULTANT's employees, agents or independent ~contractors or comPanies in the performance of (or~in any way arising from) the terms and provisions of this Agreement. 22. ~ In addition to any other form of insurance or bond required under the terms of this Agreement, the CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than Three Hundred Thousand Dollars ($300,0.00) per occurrence; and Ail policies shall contain the following endorsement: An endorsement providing the CITY with ten (10) days written notice of cancellation or material change in policy language or terms. The CONSULTANT shall furnish the City Risk Manager and'Personnel Department with a certificate of insurance evidencing the insurance required under this Agreement. Ail costs of insurance-required under this Agreement shall be included in the CONSULTANT's bid, 'and no additional allowance will be made for additional costs which may be required by extension of the insurance polices. 23. ~ This .Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 24. CONTRACT ADMINISTRATOR. The Contract Administrator for the'CITY is: J. DALE HAWLEY CITY MANAGER CITY OF BAKERSFIELD 1501 Truxton Avenue Bakersfield, CA 93301 Telephone: (805) 326-3733 CONSULTANT's Project Manager shall be: WILLIAM AvERy & ASSOCIATES, INC. 19925 Stevens Creek Blvd. ~ Suite 108' Cupertino, CA 95014 Telephone: (408) 973-7845 The Contract Administrator and the Project Manager shall .be the primary contacts for CITY and CONSULTANT. It is expressly understood that only the City Council may approve modifications to the contract, which modifications must be in writing. 25. CONFLICT OF INTEREST. CONSULTANT stipulates that corporately or individually,' the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the studies prepared under this Agreement. 26. TAX NUMBERS. CONSULTANT's Federal Tax ID. 'Number 95400171Q CONSULTANT is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the' parties hereto have caused this · Agreement to be executed, the day and yea.r first-above written. CITY OF BAKERSFIELD By: APPROVED AS TO FORM: CITY ATTORNEY COUNTERSIGNED: "CONSULTANT ' WILLIAM AVERY & ASSOCIATES, INC. BY: TITLE -7- MEMORANDUM DATE: MARCH 17, 1992 TO: PERSONNEL COMMITTEE FROM: MAUREEN COTNER, PERSONNEL MANAGER SUBJECT: TEMPORARY SALARIES The Personnel Division has conducted a salary survey of benchmark temporary positions; the results of this survey, and recommendations for adjustments are attached. Two factors should be noted in considering this recommendation. First, temporary positions have not received any salary adJustments since September, 1988; second, the majority of these positions are in the Community Services Department, and salaries are partially subsidized by the programs they serve. If the Committee so desires, a salary resolution will be forwarded to Council at their April 8 meeting, with an effective date of April 20, 1992. TEMPORARY UNIT - SAL RY PROPOSAL Clerical Aide $4.25 Hourly $4.25 $0.00 0.0% Police Cadet $4.25 Hourly $4.25 $0.00 0.0% Recreation CoorUinator II $7.05 Hourly $8.00 $0.95 13.5 % Recreation Coordinator III $7.40 Hourly $8.40 $1.00 13.5 %i Recreation Coordinator IV $7.90 Hourly $9.00 $I. 10 13.9 % Recreation Leader II $4.50 Hourly $4.60 $0.10 2.2 % Recreation Leader III $4.85 Hourly , $5.00 $0.15 3.1% Lifeguard II $4.65 Hourly $5.25 $0.60 12.9% Swim Instructor II $$.25 Hourly $5.75 $0.50 9.$ % Swim Instructor III $5.50 Hourly $6.00 $0.50 9.1%i Pool Manager II $6.10 Hourly $6.75 $0.65 10.7 % Pool Manager III $&40 Hourly $7.00 $0.60 9.4 % Official II (Adult) $14.00 Game $~4.00 $0.00 0.0% Official III (Adult) $15.00 Game $15.00 $0.00 0.0% Official II (Youth) $9.00 Game $10.00 $1.130 11.1% Official III (Youth) $10.00 Game $11.00 $1.00 10.0% Scorekeeper II $5.00 Game $5.75 $0.75 15.0% Scorekeeper III $5.75 Game $6.75 $I.00 17.4%1 3118/92 tempsalp.wkl TEMPORARY UNIT - SALARY SURVEY '  ' "! ' "'i.':' ' :i::: :"'"" '. ""' '::' ':::::::i!:iiiiii "'"'-"".:'" "::':.':::'iii ================================== =========================== :.' :::::::. :...::: ..... ... ....... .... ....... Rate Per Hour ....... Rate Per G;~; ............................................. N. Bksfd Rec Dist $4.45 N/A $12.03 $6.28 $4.97 $4.65 $5.25 $6.10 $4.45 $10.23 $8.C Fremont N/A N/A $7.56 $7.56 $6.22 $6.89 N/A N/A $6.22 $13.70 $13.7 Fresno N/A $6.58 N/A $12.93 $5.35 $6.58 $7.04 $7.97 $6.25 $12.50 $12.5 Glendale ' N/A $7.35 $11.44 $15.34 $6.30 $7.35 $7.61 $8.61 $5.25 CONTRACT CONTRA( Modesto N/A $5.50 $10.01 $10.01 $5.96 $7.26 $9.07 $9.07 $7.00 $16.50 $16.5 Ontario N/A $7.49 N/A $8.23 $6.02 $5.93 $6.74 $8.83 CONTRACT CONTRACT Cr~XSaTRA( Oxnard $4.25 $5.58 N/A $13.10 $4.62 N/A N/A $10.45 $4.33 $4.33 ~,, $4.2 ~asadena N/A N/A $16.71 $16.71 $5.00 $6.50 $6.50 $8.00 N/A $8.50 $8.5 Riverside N/A $5.00 N/A $11.13 $5.00 $5.75 $5.75 $6.50 $8.00 $16.00 $13.£ San Bernardino N/A $5.00 N/A $9.59 $5.17 $5.50 ~$7.15 N/A CONTRACT CONTRACT CONTRA( Stockton N/A N/A N/A $14.94 $5.00 $5.50 $6.30 $7.25 VOLUNTEER $7.15 N/ ~OLLARS ($0.10)I $0.13I ~SS.0S~I ($4.94)I ($1.17)1 ($1.79)I ($1.52)I ($2.24)1 ($2.38)I ' ($2.65)I (SS.S, PERCENT ' ' 97.7%i 102.1%1 56'3%1 56.S%I 78.4%1 71.1%1 73'3%1 72'3%1 64.2%I 81.S%I 57.. $INCREASE $0.001 $0.001$~.001 $1.001$0.~01 $0.~I $0.451 $0.,~s I$0.751 $o. OO I ...... ia": % INCREASE 0.0%I 0-0%I 15-4%I 15.4%I2.4%I13.6%I9.0%I11.1%I 17.6%I 0.0%I 61: 1. Full-time, regular employee only. ~ 2. Hourly rate; not included in survey average. 3. But not less than $4.25/hr. by BL/Personnel 3118~92 tempsurv.wkl CONVENTION CENTER Fresno 12.00 {5.50 Oakland I0.?? ! 1.76 Pasadena San Diego CONTRACT CONTRACT Santa Monica 15.32 10.00 Stockton 13.55 10.00 Visalia 10.94 8.80 DOLLARS N/A ($3.66) PERCENT N/A 61.09 % $ INCREASE N/A $0.85 % INCREASE N/A 14.8% 1. Raguiar, full-time employee only. 2. Part-time technicians. by: BL/Personnel Division 3118~92 consurv.wkl MEMORANDUM DATE: MARCH 20, 1992 TO: PERSONNEL COMMITTEE FROM: MAUREEN COTNER, PERSONNEL MANAGER~ SUBJECT: 1993 HEALTH CARE STRATEGIES The Insurance Committee has had an opportunity to begin preliminary exploration of alternative health care cost containment strategies. Articles and information regarding self-insurance, managed care options, medical-savings plans and medical IRA's have been shared with Insurance Committee members. While these articles provide an overview of the topics, the Committee lacks the expertise to fully investigate .the impact of these and other options on the City. The Personnel Committee may wish to direct staff to retain a qualified expert on insurance matters to help develop a long term strategy for the City. Staff has identified the following firms as potential providers of this service: · Buck Consultants, Inc. (New York City) i~l,~/.~~ · Allied Brokers and Consultants (Bakersfield) · Lee Insurance Services (Pinedale, CA) Proposals submitted by the latter two with our most recent RFP are enclosed for reference,.