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HomeMy WebLinkAbout2014-417 2014-417 1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBE FOR 3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES 4 5 THIS THIRD AMENDMENT is made and entered into as of December 15, 2014 by and 6 between the CITY OF SAN BERNARDINO,a charter city("CITY")and THE LAW OFFICE OF 7 LINDA L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants and 8 conditions set forth herein, the parties agree as follows: 9 1. This Amendment is made with respect to the following facts and purposes: 10 a. On September 1, 2013, the City and Consultant entered into an agreement for 1 I assistance in negotiations of all labor agreements and other employee relations 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 to 14 increase the agreement amount to $55,000 and to expand the scope of services 15 to include assisting the City's Chief Labor Negotiator in working on settlement 16 agreements with the Police, Fire and Retiree creditor groups through the 17 Bankruptcy Mediation process. 18 c. On July 7, 2014, the City and Consultant entered into a Second Amendment to 19 increase the agreement amount to $150,000. 20 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount 21 that the City agrees to pay the Consultant by $175,000.00. 22 3. Section 3. Term of the Agreement is hereby amended to extend the term through June 23 30, 2015. 24 4. Except for the changes specifically set forth herein, all other terms and conditions of 25 the Agreement shall remain in full force and effect. 26 27 i 28 2014-417 1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBE FOR 3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES 4 5 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to be 6 executed by and through their respective authorized officers, as of the date first above written. 7 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE 8 A Municipal Corporation 9 10 4City Allen . ark , Manag er Li a L. Daube, Partner 11 12 APPROVED AS TO FORM: 13 Gary D. Saenz, City Attorney 14 , By: 15 16 17 18 19 20 21 22 23 24 25 26 27 2 28 RESOLUTION NO. 2014-417 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD 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. 5 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City a Third Amendment to Consultant Services 10 Agreement between The Law Office of Linda L. Daube and the City of San Bernardino 11 regarding Labor Negotiator and Bankruptcy Services, a copy of which is attached hereto 12 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 13 14 length. 15 SECTION 2. The Director of Finance is hereby authorized to issue an amended 16 Purchase Order to The Law Office of Linda L. Daube for consultant services for a total 17 amount not to exceed $325,000.00. 18 SECTION 3. The authorization granted hereunder shall expire and be void and of no 19 20 further effect if the Agreement is not executed by both parties and returned to the Office of the 21 City Clerk within sixty(60) days following the effective date of this Resolution. 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE 3 LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR LABOR NEGOTIATOR AND BANKRUPTCY SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 15th day of December, 2014,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 JOHNSON X 16 17 MULV IHILL X 18 19 Georgea anna, it Clerk 20 ' 21 The foregoing Resolution is hereby approved this J day of Decemb 2014. 22 23 R. Carey Davi , Mayor 24 City of San B mardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 2014-417 1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBE FOR 3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES 4 5 THIS THIRD AMENDMENT is made and entered into as of December 15, 2014 by and 6 between the CITY OF SAN BERNARDINO, a charter city("CITY")and THE LAW OFFICE OF 7 LINDA L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants and 8 conditions set forth herein, the parties agree as follows: 9 1. This Amendment is made with respect to the following facts and purposes: 10 a. On September 1, 2013, the City and Consultant entered into an agreement for 11 assistance in negotiations of all labor agreements and other employee relations 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 to 14 increase the agreement amount to $55,000 and to expand the scope of services 15 to include assisting the City's Chief Labor Negotiator in working on settlement 16 agreements with the Police, Fire and Retiree creditor groups through the 17 Bankruptcy Mediation process. 18 c. On July 7, 2014, the City and Consultant entered into a Second Amendment to 19 increase the agreement amount to $150,000. 20 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount 21 that the City agrees to pay the Consultant by $175,000.00. 22 3. Section 3. Term of the Agreement is hereby amended to extend the term through June 23 30, 2015. 24 4. Except for the changes specifically set forth herein, all other terms and conditions of 25 the Agreement shall remain in full force and effect. 26 27 28 2014-417 1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBE FOR 3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES 4 5 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to be 6 executed by and through their respective authorized officers, as of the date first above written. 7 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE 8 A Municipal Corporation 9 10 Allen J. Parker, City Manager Linda L. Daube, Partner 11 12 APPROVED AS TO FORM: 13 Gary D. Saenz, City Attorney 14 , By: 15 16 17 18 19 20 21 22 23 24 25 26 27 2 28