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HomeMy WebLinkAboutItem 4.06 MuniDisputeResolConsltSvs '""; t .~ CITY CLERK File#[JIiJl1A~~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 12, 1996 SUBJECT: Municipal Dispute Resolution Consulting Semee! 2nd Contract Amendment . Report Prepared by: RiChard C. Ambro"se, City Manager EXHIBITS ATTACHED: -- Exhibit I': Current Contract with Consultin.g Services Exhibit 2: Amendment No. 1 to Contract Exhibit 3: Amendment No.2 to Contract RECOMMENDATION': /~UthOrize the Mayor to execute an Amendment to th~ Contract for ,~ Consulting Services with David Stiebel at no additional cost to the City of Dublin. FINANCIAL STATEMENT: This second contract amendment will not result in any additional costs to the City of Dublin. . DESCRIPTION: The Liaison Committee between the Cities of Dublin, Pleasanton, and the Dublin San Ramon Services District have contracted with Dr. David Stiebel to facilitate agreement on a number of issues affecting the agencies. The initial contract was for 50 hours for $150/hour for a total of up to $7,500. On December 12, 1995, the contract was amended to include a contract maximum of $40,000. At that time the Dublin City Council authorized an additional appropriation of$10,833 which raised the City of Dublin's total share of the $40,000 contract to $13,333. Since the last contract amendment, Dr. Stiebel's efforts have focused on assisting the City of Pleasanton and the Dublin San Ramon Services District in resolving the sewer issue and as a result has provided services up to the amended contract maximum, and a contract amendment' is necessary for parties that wish to continue to work with Dr. Stiebe!. The experience with the consultant to date has been positive, and there are a number of issues under discussion. Assuming the current work level and contract rate, extending the contract until June 1996 could result in additional consulting costs ofup to $20,000 making the total contract amount $60,000. ---------------------------------------------------------~--------- COPIES TO: ITEMNO.~ . " Because the initial phase of the contract involved both sewer and other development issues, two~thirds of i the work ($14,080) was funded by the sewer regional planning fund held by DSRSD and one-third by the City of Dublin. "' ' Subsequent work has been exclusively sewer ~ related. and.,tl1e regional sewer fund has covered all payments. Of the $40,000 expended to date $32,972 has been funded by tIie regional sewer fund and $7,030 by the City of Dublin. Staffrecommends that the Council authorize the contract extension on the condition that the additional work be funded by the regional sewer fund as the work is expected to be sewer related. Upon completion of the work contemplated in this amendment, the regional fund Will have contributed a maximum of $52,970 with the City of Dublin contrIbuting the remaining $7,030. .'--.' ,ow. Staff recommends that the City Council authorize the Mayor to execute the attached contract amendment, increasing the total compensation to a maximum of $60,000. Staffwill report to Council upon completion of the consulting services or exhaUstion of the' additional $20,000 to consider whether to further amend the contract. g/cc-mtgslmarch-9S/Stlebel . . ~ < J . '. , CONTRACT FOR CONSULTANT SERVICES · ~~ ~HrS 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. DAVIDST~EL, 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 I s Services. Consul tant 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. ComDensation. 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 statement 1 EXHIBIT 1 immediately upon receipt; otherwise, the statement will be accepted as sent. An invoice not paid on time will carry a . charge of 1.5% per month on the unpaid balance until Consultant receives payment at 840 Talisman Drive, Palo Alto, CA 94303. If the maximum rate permitted by law is .less than 1.5% per month, the statement charge will be the maximum rate allowable. 4." Confidentiality. To preserve the confidentiality of Consul tant' s services, California Evidence Code Section 1152.5 shall apply to Consultant's intervention. The above paragraph means that anything said in mediation and all papers prepared for or during mediation cannot be used in any civil lawsuit unless all parties to the mediation consent to the disclosure. The text of the pertinent part of Evidence Code Section 1152.5 is as follows: "(a) Subject to the conditions and exceptions provided in this section, when persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a dispute: (1) Evidence of anything said or of any admission made in the course of the mediation is not admissible in evidence and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, . testimony can be compelled to be given. (2) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (b) Subdivision (a) does not limit the admissibility of evidence if all persons who conducted or otherwise participated in the mediation consent to its disclosure." 5. Chanoes. 'Agencies may request, from time to time, changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between Agencies and Consultant and shall be the subject of a written amendment to this Agreement. 6. Consultant's status. In the performance of the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the Agencies for any purpose. 2 . . . . 7. Termination. 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-Assianabili tv. Consul tant 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 12. SCODe of Aareement. This writing constitutes the entire Agreement between the parties relative to consulting services and .. modification hereof shall not be effective unless and until such modification is evidenced by a written amendment signed by all parties to this Agreement. THIS AGREEMENT executed APPROVED AS. TO ro~ /J 7~ (170~ Michael H. Roush city Attorney the date and year first above written. CITY OF PLEASANTON By: DJ~c0f-- ~~ Deborah Acosta, city Manager i~~ 1/.~&.- Elizabeth Silver city Attorney city of Dublin -7' )ffU~6t David Schricker General Counsel Dublin San Ramon Services District CITY BY: A'ITEST: By: ~ Ad ./) ATTEST: L- .'y"\QI.- t'~o..'Y)~KC istri t SEcretary /C~.SULTAm--) \----2/ 9 "DR. DAVID~L -) . (Agreements\Steibel.con) 4 . /. . '. . AMENDMENT NO.1 S-nEBcL Dr. David S~i'Pel, City of Pleasant on, City of Dublin, Dubl1n-San Ramon Services District " u::,..,-t:/VED FIB 1 1996 elT'\' \..0, ~UBLIN Contract for Consultant Services December 5, 1995 1. Amend Article 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 $40,000. Mileage for automobile travel will be billed at $.29 per mile. Travel time is billed at one half the hourly rate. 2. Effective Date The amendment shall become effective retroactive to October 18, 1995. 3. Incotporate by Reference All items and conditions contained in the July 10th agreement between the City of Pleasanton, the City of Dublin, tp.e Dublin-San Ramon Services District, and Dr. David Steibel are incorporated herein by reference. APPROVED AS TO FORM CITY OF PLEASANTON ~~M~ BY:~~~ Deborah Acosta City Manager Michael H. Roush City Attorney AtteSt:~~~ Peggy Ezidr lerk EXHIBIT 2 CITY OF DUBLIN By:~~A A DUBLIN-SAN RAMON SERVICES DISTRICT '~ ; f! \ . -'I \ - ',I By: ~ Jj ~-C~- J ~ '2-.3 :f!>.N 9G AIIest: ~Cl/V\C\"r . Clfl-olk CONSULTANT \Z~ . . . . " . . . y.'IIttIVfVV ..........v .&,,~ V"V ""aV'oa V_V," AMENDMENT NO.2 Dr. David Steibel, City of Pleasant on, City of Dublin, Dublin-San Ramon Services District Contract for Consultant Services March 5, 1996 1. Amend Article 2 . Compensation Agencies shall pay Consultant at the rate of$150lhour plus expenses (e.g. phone, photocopying, mileage, travel), but in a total amount not to exceed $60,000. Mileage for automobile travel will be billed at $_29 per mile. Travel time i$ billed at one half the hourly rate. 2. Effective Date The amendment shall become effective retroactive to February 26, 1996. 3. Incomorate bv Reference All items and conditions contained in the July lOth agreement between the City of Pleasanton, the City of Dublin, the Dublin-San Ramon Services District, and Dr. David Steibel 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 3 02/28/96 11:21 FAX 510 484 8236 CITY-PLEASANTON CITY OF DUBLIN By: Attest: DUBLIN-SAN RAMON SERVICES DISTRICT By': Attest: CONSULTANT Dr. David 8teihel -S"TIE8EL ~ 006/006 . . .