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HomeMy WebLinkAbout _ 4.15(a)--Amendment to Boutin Jones, Inc Agreement for Labor Negotiations CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize and approve the following actions: (1) Approve and authorize the City Manager, or designee, to execute the Fourth Amendment to Consulting and Professional Services Agreement (C-8721) with Boutin Jones, Inc., increasing the contract amount by $120,000, for a total annual cost of $275,000, and extending the term of the contract from October 26, 2023, to June 30, 2024, for the purpose of labor negotiations; and (2) Adopt Resolution approving and adopting the 88th Amendment to City Budget Resolution No. 2021-078 appropriating $120,000 for Fiscal Year 2022-23 for continued labor negotiations. Fiscal Impact The increase in expense will total $120,000 for Fiscal Year 2022-23. The addition of this expenditure will cause the Employer Services Fund cash reserves to fall into a negative amount on June 30, 2025. The attached budget resolution allocates the additional costs to all divisions benefiting from Employer Services to alleviate the negative cash balance and restore the recommended five percent reserve. Alternative Action The City Council (Council) could choose not to approve the proposed recommendation and provide alternative direction to staff. Background/Analysis On November 6, 2020, the City contracted with Boutin Jones, Inc. for the purpose of labor negotiations, and, since that time, the firm has successfully negotiated a total of seven labor agreements. Currently, the City is in negotiations with two bargaining units and anticipates beginning bargaining with two additional units this fiscal year. Additional funds are required to allow Boutin Jones, Inc., to continue to represent the City in these labor negotiations. MEETING DATE: May 16, 2023 ITEM NO. 4.15(a) FROM: ***APPROVED BY*** kmartinez@cityofredding.org btippin@cityofredding.org SUBJECT: 4.15(a)--Approve Fourth Amendment to the Consulting and Professional Services Agreement with Boutin Jones, Inc., (C-8721) Kelley Martinez, Personnel Manager Report to Redding City Council May 10, 2023 Re: 4.15(a)--Amendment to Boutin Jones, Inc Agreement for Labor Negotiations Page 2 Environmental Review This is not a project defined under California Environmental Quality Act, and no further action is required. City Manager Goals/Objectives • Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.” Attachments ^Resolution 4th Amendment C8721 Boutin Jones Labor Negotiation C-8721 - Agreement - 2020 - Boutin Jones Inc C-8721 - 1st Amendment - 2021 - Boutin Jones Inc C-8721 - 2nd Amendment - 2022 - Boutin Jones Inc. C-8721 - 3rd Amendment - 2022 - Boutin Jones, Inc. Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 1 of 6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2021-078 be and is hereby amended as follows: Fiscal Year Ended 2023 Fund Division Description Increase Decrease 111 402 City Clerk 670 - 111 411 City Manager 560 - 111 421 City Treasurer 560 - 111 422 City Attorney 450 - 111 424 Planning and Building Regulation 560 - 111 425 Finance 1,450 - 111 428 Purchasing 340 - 111 429 Personnel 670 - 111 431 Permit Center 560 - 111 432 Building & Code Enforcement 1,220 - 111 434 Planning 1,220 - 111 441 Police Administration 39,600 - 111 461 Fire Administration 560 - 111 462 Fire Suppression 8,860 - 111 463 Fire Prevention 1,900 - 111 501 Engineering 3,710 - 111 511 Streets 1,680 - 111 610 Parks 2,130 - 111 620 Recreation 560 - 111 641 Community Services 560 - 134 821 Airports 900 - 142 851 Electric Administration 450 - 142 852 Electric Power Resource 6,070 - 142 853 Electric Distribution 10,000 - 142 855 Electric Non Op. Resource 560 - 142 888 Customer Service 2,480 - 142 889 Field Operations 1,680 - 143 861 Water 220 - 143 863 Water Treatment 1,120 - 143 864 Water - System Oper & Maint 2,020 - A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 88thAMENDMENTTOCITYBUDGET RESOLUTION NO. 2021-078 INCREASINGAPPROPRIATIONSBY$120,000 FOR PROFESSIONAL SERVICES CONTRACT FOR FISCALYEAR2022-23. Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 2 of 6 Fiscal Year Ended 2023 (Continued) Fund Division Description Increase Decrease 145 870 Wastewater Industrial 560 - 145 871 Wastewater Administration 220 - 145 872 Wastewater Stillwater 1,010 - 145 874 Wastewater Collection 1,680 - 147 801 Storm Drainage 670 - 148 555 West Central 1,230 - 149 550 Solid Waste Administration 1,460 - 149 551 Residential 1,350 - 149 552 Commercial 1,010 - 149 553 Roll-off 220 - 149 556 Resource Recovery 2,350 - 149 557 Transfer Station 1,460 - 149 558 Hazardous Household Waste 340 - 149 559 Roads and Sweeping 220 - 150 890 General Services Warehouse 340 - 151 895 Information Technology 2,020 - 153 810 Fleet 2,130 - 154 891 Building Maint.900 - 158 894 Records 340 - 162 807 Municipal Utilities 1,460 - 162 867 USA Elect Tech 1,120 - 165 438 G.I.S.450 - 166 899 Communications 110 - 168 893 Reprographics 340 - 169 815 Volunteer Services 110 - 172 897 Risk Management 670 - 191 993 Rental Rehab Program 140 - 191 994 CDBG Housing Rehab Program 220 - 191 996 HOME Program 150 - 193 930 Housing Authority 870 - 200 989 Redding Area Bus Authority 220 - 230 972 City Housing 190 - Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 3 of 6 THAT account titles and numbers requiring adjustments by this Resolution are as follows: Fiscal Year Ended 2023 Decrease (Increase) Fund Balance Use of Funds Source of Funds 111 427 01 Beginning Balance -$ 67,820$ 134 821 01 Beginning Balance 900 142 851 01 Beginning Balance 21,240 143 862 01 Beginning Balance 3,360 145 870 01 Beginning Balance 4,590 147 801 01 Beginning Balance 670 148 555 01 Beginning Balance 1,230 149 551 01 Beginning Balance 8,410 150 890 01 Beginning Balance 340 151 895 01 Beginning Balance 2,020 153 810 01 Beginning Balance 2,130 154 891 01 Beginning Balance 900 158 894 01 Beginning Balance 340 162 807 01 Beginning Balance 2,580 165 438 01 Beginning Balance 450 166 899 01 Beginning Balance 110 168 893 01 Beginning Balance 340 169 815 01 Beginning Balance 110 172 897 01 Beginning Balance 670 191 990 01 Beginning Balance 510 193 930 01 Beginning Balance 870 200 989 01 Beginning Balance 220 230 972 01 Beginning Balance 190 Increase (Decrease) in Revenues Use of Funds Source of Funds 160 816 01 Employer Service Alloc 120,000 Expenditures Use of Funds Source of Funds 111 402 01 Fix Chg Employer Services 670 111 411 01 Fix Chg Employer Services 560 111 421 01 Fix Chg Employer Services 560 111 422 01 Fix Chg Employer Services 450 Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 4 of 6 Fiscal Year Ended 2023 (Continued) Expenditures (Continued) Use of Funds Source of Funds 111 424 01 Fix Chg Employer Services 560 111 425 01 Fix Chg Employer Services 1,450 111 428 01 Fix Chg Employer Services 340 111 429 01 Fix Chg Employer Services 670 111 431 01 Fix Chg Employer Services 560 111 432 01 Fix Chg Employer Services 1,220 111 434 01 Fix Chg Employer Services 1,220 111 441 01 Fix Chg Employer Services 39,600 111 461 01 Fix Chg Employer Services 560 111 462 01 Fix Chg Employer Services 8,860 111 463 01 Fix Chg Employer Services 1,900 111 501 01 Fix Chg Employer Services 3,710 111 511 01 Fix Chg Employer Services 1,680 111 610 01 Fix Chg Employer Services 2,130 111 620 01 Fix Chg Employer Services 560 111 641 01 Fix Chg Employer Services 560 134 821 01 Fix Chg Employer Services 900 142 851 78 Fix Chg Employer Services 450 142 852 78 Fix Chg Employer Services 6,070 142 853 78 Fix Chg Employer Services 10,000 142 855 78 Fix Chg Employer Services 560 142 888 01 Fix Chg Employer Services 2,480 142 889 01 Fix Chg Employer Services 1,680 143 861 01 Fix Chg Employer Services 220 143 863 01 Fix Chg Employer Services 1,120 143 864 01 Fix Chg Employer Services 2,020 145 870 01 Fix Chg Employer Services 560 145 871 01 Fix Chg Employer Services 220 145 872 01 Fix Chg Employer Services 1,010 145 874 01 Fix Chg Employer Services 1,680 145 875 01 Fix Chg Employer Services 1,120 147 801 01 Fix Chg Employer Services 670 148 555 01 Fix Chg Employer Services 1,230 149 550 01 Fix Chg Employer Services 1,460 149 551 01 Fix Chg Employer Services 1,350 149 552 01 Fix Chg Employer Services 1,010 Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 5 of 6 Fiscal Year Ended 2023 (Continued) Expenditures (Continued) Use of Funds Source of Funds 149 553 01 Fix Chg Employer Services 220 149 556 01 Fix Chg Employer Services 2,350 149 557 01 Fix Chg Employer Services 1,460 149 558 01 Fix Chg Employer Services 340 149 559 01 Fix Chg Employer Services 220 150 890 01 Fix Chg Employer Services 340 151 895 01 Fix Chg Employer Services 2,020 153 810 01 Fix Chg Employer Services 2,130 154 891 01 Fix Chg Employer Services 900 158 894 01 Fix Chg Employer Services 340 162 807 01 Fix Chg Employer Services 1,460 162 867 01 Fix Chg Employer Services 1,120 165 438 01 Fix Chg Employer Services 450 166 899 01 Fix Chg Employer Services 110 168 893 01 Fix Chg Employer Services 340 169 815 01 Fix Chg Employer Services 110 172 897 01 Fix Chg Employer Services 670 191 993 01 Fix Chg Employer Services 140 191 994 01 Fix Chg Employer Services 220 191 996 01 Fix Chg Employer Services 150 193 930 01 Fix Chg Employer Services 870 230 972 01 Fix Chg Employer Services 190 200 989 01 Fix Chg Employer Services 220 120,000$ 120,000$ Resolution No. 2023 - ____ 88th AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021 -078 Page 6 of 6 THAT the purpose is to increase appropriations by $120,000 for fiscal year 2022-2023. I HEREBY CERTIFY that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council for the City of Redding on this _____day of ____________, 2023 and was duly adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: MICHAEL DACQUISTO, Mayor ATTEST:FORM APPROVAL: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney FOURTH AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES AGREEMENT (C-8721) The Consulting and Professional Services Contract (C-8721) dated November 6, 2020, and amended on May 21, 2021, July 8, 2022, and September 15, 2022, between the City of Redding, California, (“City”) a municipal corporation, and Boutin Jones, Inc. (“Consultant”) is amended as follows: SECTION 2. A. is amended to read in its entirety as follows: A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed three hundred and seventy dollars ($370.00) per hour in a total amount not to exceed two hundred and seventy-five thousand dollars ($275,000) per year (year being defined as July 1st to June 30th). This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. SECTION 3. A. is amended to read in its entirety as follows: A. Consultant shall commence work on or about October 26, 2020, and this Contract shall terminate on June 30, 2024. All other terms and conditions of the Agreement dated November 6, 2020, and amended May 21, 2021, July 8, 2022, and September 15, 2022, shall remain in full force and effect. The date of this Amendment shall be the date that it is signed by the City. IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: _________________, 2023 ____________________________________ BARRY TIPPIN, City Manager ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT, City Attorney ______________________________ ____________________________________ PAMELA MIZE, City Clerk By: CONSULTANT DATED: _________________, 2023 ____________________________________ By: GAGE DUNGY, Boutin Jones, Inc. Taxpayer ID No. 68-0363234 CITY OF REDDING 777 CYPRESS AVENUE, REDDING, CA 96001 P.O. Box 496071, REDDING, CA 96049-6071 PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX November 9, 2020 Boutin Jones, Inc Attn: Gage Dungy, Shareholder 555 Capital Mall, Suite 1500 Sacramento, CA 95814 SUBJECT: Consulting and Professional Services Contract, C-8721 Dear Mr. Dungy, Enclosed please find the fully executed original of the above referenced Consulting and Professional Services Contract by and between the City of Redding and Boutin Jones Inc. re Labor Negotiations. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Sincerely, f Joan Twomey Executive Assistant Enclosure cc: Culley Grannis CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding, California,by and between the City of Redding("City"), a municipal corporation, and Boutin Jones Inc. ("Consultant") for the purpose of Labor Negotiations. WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A,attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed three hundred and seventy dollars ($370.00) per hour in a total amount not to exceed seventy thousand ($70,000) per year (year being defined as July Is' to June 30") unless prior written approval from City. This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid within thirty (30) calendar days of receipt. D. During the term of the contract, by mutual agreement, the contract may be amended to convert to a retainer billing basis rather than a standard hourly billing basis. LC J Consulting and Professional Services Agreement Page 1 Rev. 6/15 SECTION 3. TERM AND TERMINATION A. Consultant shall commence work on or about October 26, 2020. The term of the agreement will be two years. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant. C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety (90)calendar days in duration, Consultant's sole right to terminate shall be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section. E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product. F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. Consulting and Professional Services Agreement Page 2 Rev. 6/15 G. In no event shall the termination or expiration of this Contract be construed ,as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. E. No provision of this Contract is intended to,or shall be for the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with Consulting and Professional Services Agreement Page 3 Rev. 6/15 respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. H. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents,computer media,and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City's project for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. Consulting and Professional Services Agreement Page 4 Rev. 6/15 L. Notwithstanding Subsection "K" above, by entering into this agreement City agrees that if Consultant represents City in a matter adverse to another person or entity, Consultant's law firm may represent such other person or entity on matters not substantially related to Consultant's work for City. In that regard, members of Consultant's law firm regularly represent clients with tax issues including, but not limited to, property taxes and transient occupancy taxes ("Tax"); with title insurance related issues, including, but not limited to, lien priority and land use ("Title"); and with real property related litigation and transactions, including, but not limited to, conservation easements("Real Property"). Without limiting the generality of the first sentence of this paragraph, City specifically agrees that Consultant's work for parties adverse to City concerning Tax, Title and Real Property matters are not substantially related to Consultant's work for the City pursuant to this Contract. Consulting and Professional Services Agreement Page 5 Rev. 6/15 SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Coverage Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability (Errors and Omissions) X B. Coverage shall be at least as broad as: 1.Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and 2,000,000 general aggregate for bodily injury, personal injury and property damage; 2.Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles; 3.Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than 1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; 4.Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 5.The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City,either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, Consulting and Professional Services Agreement Page 6 Rev. 6/15 employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: 1.City,its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers. 2.The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 3.Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty 30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and Consulting and Professional Services Agreement Page 7 Rev. 6/15 endorsements required have not been provided, or not been provided in a timely manner. G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation,provisions concerning indemnification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18)months after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4050. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1)name and address of injured or deceased person(s);2)name and address of witnesses; 3)name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision(A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties Consulting and Professional Services Agreement Page 8 Rev. 6/15 and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. CONTRACT INTERPRETATION,VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, Consulting and Professional Services Agreement Page 9 Rev. 6/15 during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity,arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the Consulting and Professional Services Agreement Page 10 Rev. 6/15 terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. SECTION 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin,religious creed, sex, sexual orientation, disability,age, marital status, political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin,religious creed, sex, sexual orientation, disability,age,marital status,political affiliation,or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising,layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Assistant City Manager/Personnel Director, Sheri DeMaagd,telephone number(530) 225-4068, fax number(530)225-4062. All of Consultant's questions pertaining to this Contract shall be referred to the above- named person, or to the representative's designee. B. Consultant's representative for this Contract is Gage Dungy,telephone number(916) 321-4444, fax number (916) 441-7597. All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES A. All notices,requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender(may be other than the representatives referred to in Section 10) and delivered by facsimile, Consulting and Professional Services Agreement Page 1 1 Rev. 6/15 with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: Sheri DeMaagd Boutin Jones Inc. Asst City Manager/Personnel Director Gage Dungy, Shareholder 777 Cypress Ave.555 Capitol Mall, Suite 1500 Redding, CA 96001 Sacramento, CA 95814 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services Agreement Page 12 Rev. 6/15 IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: 2020 BARRY TIP Manager ATTEST: APPROVED AS TO FORM: A PAMELA MIZE, City Jerk BftWIY E. DeWALT, City Attorney 1 COB R. BALDWIN 4r--,4 i CONSULTANT Dated: 2020 By:GAGE DUNGY, Boutin Jones Inc. Tax ID No.: 68-0363234 Consulting and Professional Services Agreement Page 13 Rev. 6/15 Exhibit A (Scope of Work) SCOPE OF WORK The Contractor(s) will be expected to provide services identified below. The categories listed represent the minimum services expected to be performed in any given professional labor negotiation. In their response to this Request for Proposal, Contractors shall identify other related services that they will provide. Contractor will work directly with the Assistant City Manager/Personnel Director as its primary contact and other department directors of the City as needed on the following: 1. Advise and represent the City in negotiations / meet and confer sessions with Unions and Bargaining Groups. 2. Consulting on issues concerning various aspects of employment law, including the Fair Labor Standards Act and Meyers-Millias-Brown Act, as it pertains to union negotiations. 3. Consultation with the City Manager,City Attorney, Assistant City Manager/Personnel Director, Executive Team and Council Members as applicable. 4. Provide research and consultation on current trends,practices,and community standards of other public employers on a variety of labor related issues. 5. Provide consultation and advice regarding Memorandum of Understanding (MOU) negotiation strategy to the City Manager, City Attorney, Assistant City Manager/Personnel Director, Executive Team and Council Members as applicable. 6. Recommend strategies for successful outcomes in MOU negotiations, and assist in the development of management proposals and positions for negotiations. 7. Prepare documents for negotiations as applicable. 8. Review all initial materials submitted by Unions and Bargaining Groups. 9. Along with the Assistant City Manager/Personnel Director, represent the City in negotiations including memorandums of understanding with Unions and Bargaining Groups. 10. Provide regular debriefings for the City Manager, City Attorney, Assistant City Manager/Personnel Director, Executive Team and Council Members on the status of negotiations as needed. Meetings will include Council session meetings conducted outside of traditional business hours. 11. Act as the City's management advisor in mediation, fact-finding and related procedures. Consulting and Professional Services Agreement Page 14 Rev. 6/15 UNIONS AND BARGAINING GROUPS OF THE CITY OF REDDING The following represents an example of Unions and Bargaining Groups of the City that may require labor negotiations services: Redding Independent Employees Organization(RIEO) o Clerical, Technical and Professional Employees, Exp. 8/1/2018 In Progress) o Supervisory/Confidential Employees, Exp. 8/1/2018 (In Progress) Peace Officers Association of Redding Miscellaneous Employees (Non-sworn), Exp. 12/31/17 (In Progress) Sworn Officers, Exp. 5/1/2020 Redding Police Managers Association, Exp. 11/30/2020 International Association of Fire Fighters, Exp. 1/1/18 (In Progress) International Brotherhood of Electrical Workers o Electric Employees, Exp. 5/16/19 o Maintenance Employees, Exp. 12/31/18 United Public Employees of California — Local 792, Redding Technical Unit, Exp. 12/31/2017 (In Progress) United Public Employees of California—Local 792, Redding Fire Management Unit, Exp. 05/20/20 Unrepresented Employees It should be noted that the above categorization and task identifications are not a prescribed labor negotiation process. It is expected that proposals submitted contain a detailed description of the proposed labor negotiation strategy with the understanding that the process used may vary from bargaining group to bargaining group. The process to be used should include the identification of key points in the process and the submittal of progress reports to the City of Redding as well as identification of key decision points for the City of Redding. The City, at its sole option, will reserve the right to direct the contractor to perform only specific and select portions of the labor negotiations process or to conduct the entire labor negotiations process. This option will be exercised on an as needed basis. Prior to each labor negotiation, the City shall approve and assign the personnel to a particular labor negotiation. Consulting and Professional Services Agreement Page 15 Rev. 6/15 Exhibit B (Payment Terms) Boutin Jones Inc. Cost Proposal Pricing offered on a time-and-materials basis would be based on the standard hourly rates listed below: Gage Dungy (Shareholder) ................$370 Associates ..........................................$220-$295 Paralegal.............................................$130 Travel Expense Proposal The firm will charge for travel time to and from client meetings and/or contract discussions. The firm will charge for lodging if required for the meetings and/or contact discussions. The firm will not charge for meals. Expenses Unlike many firms,we do not bill for secretarial time or telephone charges. Facsimile transmission are billed at the rate of$.25 per page for outgoing faxes only. Documents are sent electronically unless specifically requested otherwise, or when electronic transmission is not an option. Copying is charged at fifteen cents ($.15) per page. Additional prints, postage and special deliveries (i.e. Fed-Ex, UPS, DHL,messenger service), and other hired deliveries completed at the request of the client or necessary to comply with court or other deadlines will also be billed to the client. Consulting and Professional Services Agreement Page 16 Rev. 6/15 z. r 0 CITY OF REDDING e o / 777 CYPRESS AVENUE, REDDING, CA 960018 , mi 9 s P.O. Box 496071, REDDING, CA 96049-6071 PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX May 25, 2021 Boutin Jones, Inc Attn: Gage Dungy 555 Capital Mall, Suite 1500 Sacramento, CA 95814 SUBJECT: First Amendment to Consulting and Professional Services Contract, C-8721 Dear Mr. Jones, Enclosed please find the fully executed original of the above referenced First Amendment to Consulting and Professional Services Contract by and between the City of Redding and Boutin Jones, Inc regarding Labor Negotiations. If you have any questions regarding this agreement, please contact the Office of the City Clerk at 530) 225-4044. Sincerely, Joan Twomey Executive Assistant Enclosure cc:Culley Grannis FIRST AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES AGREEMENT (C-8721) The Consulting and Professional Services Contract(C-8721)dated November 6,2020,between the City of Redding,California,("City')a municipal corporation,and Boutin Jones,Inc.("Consultant")is amended as follows: SECTION 2. A. is amended to read in its entirety as follows: A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed three hundred and seventy dollars($370.00)per hour in a total amount not to exceed one hundred thousand($100,000)per year(year being defined as July I"to June 30°i). This sum includes all out-of-pocket travel,lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. All other terms and conditions of the Agreement dated November 6, 2020, shall remain in full force and effect. The date of this Amendment shall be the date that it is signed by the City. IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below: CITY OF REDDING, r A Municipal Corporation Dated: 2021 V v Al ARRY TIPPIN, City Manager ATTEST:APPROVED AS TO FORM: BARRY E. DEW LT, City Att ey 014 PAMELA MIZE, City Clerk By: CONSULTANT DATED: ( / 2021 By: Taxpayer ID No. 68-0363234 C QP PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX Boutin Jones Inc. Attn: Gage Dungy, Shareholder 555 Capitol Mall, Suite 1500 Sacramento, CA 95814 RE: Second Amendment — C-8721 Dear Gage Dungy, CITY OF REDDING 777 Cypress Avenue, Redding, CA 96001 PO BOX 496071, Redding, CA 96049-6071 cityofredding.org July 11, 2022 Enclosed please find the fully executed original of the above referenced Second Amendment to the Consulting and Professional Services Contract by and between the City of Redding and Boutin Jones Inc. regarding to labor negotiations. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Si ncere Amber DalPoggetto Executive Assistant Enclosure cc: Marjorie Truman Ellen Grannis SECOND AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES AGREEMENT (C-8721) The Consulting and Professional Services Contract (C-8721) dated November 6, 2020, and amended on May 21, 2021, between the City of Redding, California, ("City") a municipal corporation, and Boutin Jones, Inc. ("Consultant") is amended as follows: SECTION 2. A. is amended to read in its entirety as follows: A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the mariner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed three hundred and seventy dollars ($370.00) per hour in atotal amount not to exceed one hundred fifty thousand ($150,000) per year (year being defined as July I'tto June 30t"). This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. All other terms and conditions of the Agreement dated November 6, 2020, and amended May 21, 2021, shall remain in full force and effect. The date of this Amendment shall be the date that it is signed by the City. IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: CD 2022 4Z'4 =4WA OK BU T , City Manager ATIS T: APPROVED AS TO FORM: IBARRYE. DOA ALT Cit Attor n e h y4,4 / _-PAMEFA MIZE, CitClerk .. 11 - By: CONSULTANT DATED: 14 _,2022 By: GAGE DUNGY, Boutin Jones, Inc. Taxpayer ID No. 68-0363234 PAMELA MIZE, CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX Boutin Jones, Inc. Attn: Gage Dungy, Shareholder 555 Capitol Mall, Suite 1500 Sacramento, CA 95814 CITY OF REDDI 777 Cypress Avenue, Redding, CA 96001 PO BOX 496071, Redding, CA 96049-6071 cityofredding.org September 16, 2022 RE: Third Amendment — C-8721 Dear Gage Dungy, Enclosed please find the fully executed original of the above referenced Third Amendment to the Consulting and Professional Services Contract by and between the City of Redding and Boutin Jones, Inc. regarding additional funds and term extension. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4044. Sincerely, Amber DalPoggetto Executive Assistant Enclosure cc: Marjorie Truman Ellen Grannis THIRD AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES AGREEMENT (C-8721) lic k-OHNUILIM Iisroyessiona 72TTUaTe-T-1`ovember 6,2020, and amended on May 21, 2021, and July 8, 2022, between the City of Redding, California, ("City") a municipal corporation, and Boutin Jones, Inc. ("Consultant") is amended as follows: 11 111,111 a i mom A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed three hundred and seventy dollars ($370.00) per hour in a total amount not to exceed one hundred fifty-five thousand ($155,000) per year (year being defined as July I" to June 3 oth) . This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. SECTION 3. A. is amended to read in its entirety as follows: All other terms and conditions of the Agreement dated November 6, 2020, and amended May 21, 2021, and July 8, 2022, shall remain in full force and effect. MMMMMM4 IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: 2022 BARRY ,TIPPIN`,--eity Manager ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT, City Attorney PAMELA MIZE, City Clejk By: CONSULTANT DATED: 2022 By: GAGE DUNGY, Boutin Jones, Inc. Taxpayer ID No. 68-0363234