HomeMy WebLinkAboutItem 4.08 MuniDisputeResoCnsltSvs (2)
CITY CLERK
File # [g~~[g-~reJ
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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
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Exhibit I: / Current Contract for Consultant Services
Exhibit 2: / Amendment No 1 to Contract
Exhibit 3: / Budget Change Form
EXHIBITS ATTACHED:
RECOMMENDATION: ,/
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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.
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ITEM NO.
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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
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CONTRACT FOR CONSULTANT SERVICES
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~ 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:
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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.
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(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
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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.
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(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.
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:1/27/95 16:34 FAX 510 484 8236
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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
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, 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:
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Attest:
CITY oJ? DUBLIN
By:
DUBLIN-SAN RAMON SERVICES
DIS~JCT
By:
CONSULTANT
Dr. David Steibel
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CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
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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
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.......... ... ........ .. ................................. .., ......................................................:.........:.:.............:.:..........................:.... .......................................................................................................................................................................................................
Name: Name: City Council Training $10,833.00
Account #: Account#: 001-1010-724-000
Name: Name:
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Account #: Account #:
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REASON FOR BUDGET CHANGE ENTRY: TO TRANSFER FUNDS FROM UNAPPROPRIATED
RESERVES TO CITY COUNCIL TRAINING FOR MUNICIPAL DISPUTE CONSULTING SERVICES.
City Manager:
Date:
Signature
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.: Mayor:
Date:
Signature
Posted By:
Date:
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Signature
EXHIBIT 3