HomeMy WebLinkAbout2016-070 RESOLUTION NO. 2016-70
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH
3 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR
4 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES.
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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
9 directed to execute on behalf of said City a Fifth 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
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14 length.
15 SECTION 2. The Director of Finance, or designee, is hereby authorized to issue an
16 amended Purchase Order to The Law Office of Linda L. Daube for consultant services for a
17 total amount not to exceed $595,500.00.
18 SECTION 3. The authorization granted hereunder shall expire and be void and of no
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further effect if the Agreement is not executed by both parties and returned to the Office of the
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21 City Clerk within sixty (60) days following the effective date of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH
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 joint regular meeting thereof, held on
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the 4th day of April, 2016, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
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SHORETT X
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14 NICKEL X
15 RICHARD X
16 MULVIHILL X
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18 G� -vim
19 Georgeian Hanna, C, City Clerk
20 The foregoing Resolution is hereby approved this d )of April, 6.
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22 R. Carey Da=ardino ayor
23 City of San
Approved as to form:
24 Gary D. Saenz, City Attorney
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26 By.
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2016-70
1 FIFTH 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
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5 THIS FIFTH AMENDMENT is made and entered into as of April 4, 2016 by and between
6 the CITY OF SAN BERNARDINO, a charter city("CITY") and THE LAW OFFICE OF LINDA
7 L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants and conditions set
8 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 d. On December 15, 2014, the City and Consultant entered into a Third
21 Amendment to the agreement to increase the amount by $175,000 and extend
22 the term through June 30, 2015.
23 e. On August 17, 2015,the City and Consultant entered into a Fourth Amendment
24 to the agreement to increase the amount by $175,000 and to extend the term
25 through June 30, 2016.
26 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount
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2016-70
1 that the City agrees to pay the Consultant by $95,500.00.
2 3. Except for the changes specifically set forth herein, all other terms and conditions of
3 the Agreement shall remain in full force and effect.
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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.
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8 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE
A Municipal Corporation
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Mark Scott, City Manager Linda L. Daube, Partner
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APPROVED AS TO FORM:
13 Gary D. Saenz, City Attorney
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By:
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2016-70
1 FIFTH 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 FIFTH AMENDMENT is made and entered into as of April 4,2016 by and between
6 the CITY OF SAN BERNARDINO, a charter city ("CITY") and THE LAW OFFICE OF LINDA
7 L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants and conditions set
8 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 d. On December 15, 2014, the City and Consultant entered into a Third
21 Amendment to the agreement to increase the amount by $175,000 and extend
22 the term through June 30, 2015.
23 e. On August 17, 2015,the City and Consultant entered into a Fourth Amendment
24 to the agreement to increase the amount by $175,000 and to extend the term
25 through June 30, 2016.
26 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount
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2016-70
1 that the City agrees to pay the Consultant by $95,500.00.
2 3. Except for the changes specifically set forth herein, all other terms and conditions of
3 the Agreement shall remain in full force and effect.
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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.
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CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE
8 A Municipal Corporation
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Mark Scott, 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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By:D
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