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Home My WebLink About11 - Labor Negotiations ContractCITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES DEPART Resource Management Division January 12, 1998 January 12, 1998 Agenda Item # 11 BY THE CITY COUNCIL CITY OF NEWPORT BEACH .JAN f 2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Director of Administrative Services SUBJECT: LABOR NEGOTIATIONS CONTRACT DISCUSSION: In 1995 the City contracted with Mr. William Avery of the firm William Avery & Associates to perform its labor negotiations and related employee relation activities. Since that time, labor contracts have been negotiated with all eight of the City's bargaining units. In negotiating each of these employee contracts, it was the City's goal to provide a fair and competitive salary and benefit package to association members while reducing certain benefits that would achieve a long term significant cost savings to the City. The City was successful in achieving this goal, realizing significant cost savings through the reduction of various benefits. In addition to acting as the City's lead negotiator in labor negotiations, Mr. Avery has been an invaluable asset in resolving other employee relation questions including: grievances, personnel rules, FLSA questions, PERS questions, etc. Our current contracts with the Police Employees, Police Management, Fire Fighters, and Fire Management associations expire on December 31, 1998. Our current contracts with the League, City Employees, and Professional & Technical Employees associations expire on June 30, 1998. Our current contract with the Marine Safety Officer's Association expires on December 31, 1997. In addition -to negotiating new contracts upon the above expiration dates, there are other issues that are still open with many of these associations including: disability insurance, retiree medical insurance, and bi-lingual pay. We are in the process of a complete rewrite of our Personnel Manual and rules. Mr. Avery has reviewed the first draft of these rules and offered considerable input and will continue his review as these rules are finalized. Once finalized by staff, the Civil Service Commission, and the City Council, Mr. Avery will negotiate these rules with each of our employee associations. In addition to acting as the City's lead negotiator in employee contract negotiations, Mr. Avery has provided invaluable assistance in general personnel areas such as: Fair Labor Standards Act compliance, employee hiring and disciplinary actions, employee drug testing issues, and retirement questions. During the next year Mr. Avery will also assist the City in resolving issues concerning LABOR NEGOTIATIONS 0 CRACT Pagc Two our use of part-time/temporary employees. These include retirement, employee representation and recognition, and turnover/re-training issues. . Our current contract with William Avery & Associates expired on September 30, 1997. Mr. Avery was on retainer with the City for $4,500 per month. In the attached contract extension he has requested a fee increase of $250 per month to $4,750, or a 5.6% increase. Mr. Avery will continue to lead the City's negotiations with all of its employee associations and will continue to provide advice on other employee relation questions. On December 10, 1997, the City's Finance Committee recommended approval of the contract unanimously. RECOMMENDATION: It is recommended that the City Council approve the attached contract with William Avery & Associates for the performance of all requested or required services within the Labor Relations activities of the City. Funds for this expenditure are included in the current City budget. 12/16/97 8:32 ANI AVERY.DOC WILLIAM AVERY BLi ASSOCIATES, 'Nc. ANAGEMENT CONSULTANTS AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WILLIAM AVERY & ASSOCIATES AM AVERY & agreement effective January 1, 1998, is entered into by and theetween �YIOF NEWPORT This ag hereinafter referred to as CONS ASSOCIATES, INC. BEACH (hereinafter referred to as the CITY). WITNESSETH: WHEREAS, CITY has need for specialized consultant services; and to perform the WHEREAS, CONSULTANT has the training, experience and competence P specialized service required by the CITY; WHEREAS, CITY has the authority under state law to employ CONSULTANT; NOW THEREFORE, the parties to this agreement do hereby mutually agree as follows: I. DUTIES OF CONSULTANT the Labor CONSULTANT will provide any and all requested toulAdvise and conred services lsult t on on all Relations activities of the CITY including but n grievances; negotiations with CITY units personnel and labor relations matters including g ement Newport Beach Police Officers Association,Association, Newport Beachort Beach lFire Management Association, New Beach Firefighters As Beach Association, Newport Beach Ocean Lifeguardso,ewporAssociation, each City pEmployees Professional/Technical Employees Associatio P Association and Newport Beach Employees pinioor assistance requested by tediation and heCityy througuired h the activities; and such other advice, opinion City Manager or his/her designees. 2. CONSULTANT in carrying out the terms f the CITY ions of this agreement is an independent contractor and is not an employee o 3. William Avery shall be the individual within CONSULTANT's firm who shall be primarily responsible for providing required services induvidual(s) to bant to this e de ermined bythe mutual supplemental services shall be provided by agreement of the parties. 3'/2 N. Santa Cruz Avenue, Suite B 4 Los Gatos, CA 95030 • (408) 399-4424 • FAX (408) 399-4423 Page 2 II. DUTIES OF CITY CITY shall cooperate with CONSULTANT in the performance of this agreement as follows: a) Providing all information reasonably accessible to the CITY which may be helpful to CONSULTANT in the performance of his services, and b) Providing a management team to assist CONSULTANT during negotiations sessions, and C) Providing clerical and stenographic assistance as CONSULTANT may reasonably require on-site, and d) Providing a suitable location where negotiation sessions may be conducted. III. CONSIDERATION For the services described above, the CITY shall pay CONSULTANT the sum of Four Thousand Seven Hundred Fifty Dollars ($4,750.00) per month for the period of January 1, 1997 through December 30, 1999. 2. CONSULTANT shall 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 after billing is approved all reasonable expenses incurred for transportation, lodging and meals. 3. CONSULTANT shall not charge for clerical time, copies, phone call, etc., incurred by CONSULTANT at CONSULTANT's office. IV. TERM The term of this agreement shall be twenty-four (24) months commencing January 1, 1998. This agreement may be canceled by CITY, at CITY's sole discretion, at any time, upon 30 days written notice. Should the CITY cancel the agreement, the CITY shall compensate CONSULTANT for that portion of the. agreement which has elapsed; provided, however, that CONSULTANT shall receive not less than twenty (20%) percent of a full years fee for each completed bargaining unit negotiation. WI LIAM AVEr & ASSOCIATES William H. Avery k.J Dated: r2 r CITY OF NEWPORT BEACH Kevin Murphy, City Manager Dated: c