HomeMy WebLinkAbout4.06 MuniDisputeResolConsltSvs
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CITY CLERK
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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:
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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.
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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.
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COPIES TO:
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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.
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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.
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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.
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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:
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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.
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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 statement
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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.
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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.
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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
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Elizabeth Silver
city Attorney
city of Dublin
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)ffU~6t
David Schricker
General Counsel
Dublin San Ramon Services
District
CITY
BY:
A'ITEST:
By:
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ATTEST: L- .'y"\QI.- t'~o..'Y)~KC
istri t SEcretary
/C~.SULTAm--) \----2/ 9
"DR. DAVID~L -)
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(Agreements\Steibel.con)
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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
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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
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By: ~ Jj ~-C~- J
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AIIest: ~Cl/V\C\"r . Clfl-olk
CONSULTANT
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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
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