HomeMy WebLinkAbout05.G- City Manager RESOLUTION (ID#3360) DOC ID: 3360
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker MICC Meeting Date: 07/21/2014
Prepared by: Allen Parker, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Second Amendment to the Consultant Services Agreement Between the Law
Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator and Bankruptcy
Services. (#3360)
Current Business Registration Certificate: Yes
Financial Impact:
Budgeted Funds are available in Account No. 001-090-0134-5510; Bankruptcy Consulting
Services for this contract amendment.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
April 7, 2014 -First Amendment between Linda L. Daube and the City of San Bernardino for
consulting services in the amount not to exceed$55,000
Background:
Linda Daube continues to be an integral part of the bankruptcy process,working with the City
Manager and attending mediation meetings related to the various labor and retiree creditor
groups. The City and Law Offices of Linda Daube currently have a contract and authorized
purchase order not to exceed$55,000. Further assistance is needed from Ms. Daube which will
be critical in helping the City in ongoing bankruptcy mediation meetings, helping develop
strategies for the Plan of Adjustment and providing support to the City Manager in labor
negotiations and bankruptcy mediation meetings. It is anticipated that these additional services
will not exceed$95,000 and the total contract would be amended not to exceed$150,000. Funds
are available in the General Government Services bankruptcy allocation of the 2014-15 budget.
City Attorney Review:
Supporting Documents:
reso 3360 (PDF)
agrmt 3360 (PDF)
Updated: 7/9/2014 by Linda Sutherland Packet Pg. 176
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
3 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN
THE LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO
4 FOR LABOR NEGOTIATOR AND BANKRUPTCY SERVICES.
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON Z
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
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9 directed to execute on behalf of said City a Second Amendment to Consultant Services
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10 Agreement between The Law Office of Linda L. Daube and the City of San Bernardino
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regarding Labor Negotiator and Bankruptcy Services, a copy of which is attached hereto d
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13 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at o
14 length.
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15 SECTION 2. The Director of Finance is hereby authorized to issue an amended c
16 Purchase Order to The Law Office of Linda L. Daube for consultant services for a total p
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amount not to exceed $150,000.00.
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SECTION 3. The authorization granted hereunder shall expire and be void and of no mo
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20 further effect if the Agreement is not executed by both parties and returned to the Office of the M
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21 City Clerk within sixty (60) days following the effective date of this Resolution.
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Packet Pg. 177-
5.G.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
2 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR
3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting N
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6 thereof, held on the day of ,2014, by the following vote, to wit:
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$ Council Members: AYES NAYS ABSTAIN ABSENT d
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9 MARQUEZ a
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10 BARRIOS N
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11 VALDIVIA U
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SHORETT o
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14 NICKEL
15 JOHNSON 0
16 MULVIHILL o
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Georgeann Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this clay of , 2014. y
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23 R. Carey Davis,Mayor
City of San Bernardino Q
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Approved as to form:
25 Gary D. Saenz, City Attorney
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Packet Pg.178,
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1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBE
3 FOR LABOR NEGOTIATOR AND BANKRUPTCY SERVICES
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5 THIS SECOND AMENDMENT is made and entered into as of July 21, 2014 by an( z6
6 between the CITY OF SAN BERNARDINO,a charter city("CITY")and THE LAW OFFICE OI E
7 LINDA L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants an( o
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8 conditions set forth herein, the parties agree as follows: ¢
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9 1. This Amendment is made with respect to the following facts and purposes: s
10 a. On September 1, 2013, the City and Consultant entered into an agreement fo; v
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I I assistance in negotiations of all labor agreements and other employee relation: 3
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12 issues for work to be performed during the 2013-14 fiscal year for$24,999.
13 b. On April 7, 2014, the City and Consultant entered into a First Amendment tc c
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14 increase the agreement amount to $55,000 and to expand the scope of service,, 0
15 to include assisting the City's Chief Labor Negotiator in working on settlement 0
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16 agreements with the Police, Fire and Retiree creditor groups through the
17 Bankruptcy Mediation process.
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18 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount o
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19 that the City agrees to pay the Consultant to an amount not to exceed$150,000.00.
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20 3. Except for the changes specifically set forth herein, all other terms and conditions of TM
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21 the Agreement shall remain in full force and effect. Q
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Packet Pg. 179
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1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L.DAUBE
3 FOR LABOR NEGOTIATOR AND BANKRUPTCY SERVICES
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5 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to be z°
6 executed by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE Q
8 A Municipal Corporation
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Allen J. Parker, City Manager Linda L. Daube,Partner
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12 APPROVED AS TO FORM:
13 Gary D. Saenz, City Attorney
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Packet Pg. 180