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HomeMy WebLinkAbout2013-039 RESOLUTION NO, 2013-39 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECON I 3 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN TH LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FO ' 4 LABOR NEGOTIATOR SERVICES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized and directed to execute on behalf 8 of said City the Second Amendment to the Consultant Services Agreement between the Law 9 Office of Linda L. Daube and the City of San Bernardino for labor negotiator services, a copy of 10 which is attached hereto marked Exhibit"A" and incorporated herein by reference as fully as 11 though set forth at length. 12 SECTION 2. The Purchasing Manager is hereby authorized to issue an amended 13 Purchase Order to the Law Office of Linda L. Daube for consultant services, for a total not to 14 exceed $75,000. 15 16 SECTION 3. The authorization granted hereunder shall expire and be void and of no 17 further effect if the Amendment to the agreement is not executed by both parties and returned to 18 the Office of the City Clerk within sixty (60) days following the effective date of the Resolution. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 1 2013-39 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECON 1 2 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN TH LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FO ' 3 LABOR NEGOTIATOR SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 day of 19th day of February , 2013, by the following vote, to wit: 7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 8 MARQUEZ X 9 JENKINS x 10 VALDIVIA x 11 SHORETT x 12 KELLEY x JOHNSON X 13 MC CAMMACK x 14 NOTE: The tie vote was broken by a vote in a or by ayor orris. 15 George n Hann ; ity Clerk 16 The foregoing Resolution is hereby approved this .,2/dof February , 2013. 17 18 n Bernardino 19 Approved as to form: 20 JAMES F. PENMAN, 21 City Att rney 22 By: �C 23 24 25 2 2013-39 EXHIBIT "A" SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO THIS SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT is made and entered into this 19th day of February , 2013 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and the Law Office of Linda L. Daube ("CONSULTANT"). WITNESSETH: WHEREAS, parties hereto entered into a Consultant Services Agreement dated September 12, 2012, for Chief Negotiator services in labor negotiations; and WHEREAS, the First Amendment to the Consultant Services Agreement was approved on December 17, 2012; and WHEREAS, CONSULTANT represents that she continues to have a degree of specialized expertise contemplated within California Government Code Section 37103 and holds all necessary licenses to practice and perform the services herein contemplated; and WHEREAS, Sections 5.1 and 5.14 of the aforesaid Consultant Services Agreement allow such Agreement to be amended by a written agreement executed by the parties; and WHEREAS, the parties desire to enter into the Second Amendment to the Consultant Services Agreement; and NOW,THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: The Second Amendment to the Consultant Services Agreement amends only those terms contained herein; such terms not covered by this Amendment shall remain in full force and effect as set forth in said Consultant Services Agreement dated September 12, 2012. 1.2 Cost for Services. CONSULTANT will be compensated at the rate of$225.00 per hour for all services rendered to the CITY. The amounts expended under this Agreement for consultant fees shall not exceed $75,000 without further approval of the Mayor and Common Council. This is equal to $50,000 above the approved compensation amount in the Consultant Services Agreement. /// III //I III /1/ III 1 2013-39 EXHIBIT "A" SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Consultant Services Agreement by and through their respective authorized officers on the 19th day of February , 2013. CITY OF SAN BERNARDINO, CONSULTANT A municipal corporation City Manager Signature ATTEST: Name and Title Georgeann Hanna, City Clerk APPROVED AS TO FORM: James F. Penman, City Attorney By: t 2