HomeMy WebLinkAbout2016-131 RESOLUTION NO. 2016-131
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SIXTH
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.
5
6 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 Sixth 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, 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 $720,500.00.
18 SECTION 3. The authorization granted hereunder shall expire and be void and of no
19
further effect if the Agreement is not executed by both parties and returned to the Office of the
20
21 City Clerk within sixty(60) days following the effective date of this Resolution.
22
23
24
25
26
27
28
1
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SIXTH
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
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 the 5th day of July, 2016, 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
RICHARD X
16
17 MULVIHILL X
18 -
George arena, CIMC, City Clerk
20 7e
21 The foregoing Resolution is hereby approved this y of M16*( ,22 i
R. Carey Dav' , Mayor
23 City of San ernardino
24 Approved as to form:
Gary D. Saenz, City Attorney
25
26 By:
27
28
2
2016-131
1 SIXTH 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 SIXTH AMENDMENT is made and entered into as of July 5, 2016 by and
6 between the CITY OF SAN BERNARDINO, a charter city("CITY") and THE LAW OFFICE
7 OF 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
11 agreement for assistance in negotiations of all labor agreements and
12 other employee relations issues for work to be performed during the
13 2013-14 fiscal year for $24,999.
14 b. On April 7, 2014, the City and Consultant entered into a First
15 Amendment to increase the agreement amount to $55,000 and to
16 expand the scope of services to include assisting the City's Chief Labor
17 Negotiator in working on settlement agreements with the Police, Fire
18 and Retiree creditor groups through the Bankruptcy Mediation process.
19 c. On July 7, 2014, the City and Consultant entered into a Second
20 Amendment to increase the agreement amount to $150,000.
21 d. On December 15, 2014, the City and Consultant entered into a Third
22 Amendment to the agreement to increase the amount by $175,000 and
23 extend the term through June 30, 2015.
24 e. On August 17, 2015, the City and Consultant entered into a Fourth
25 Amendment to the agreement to increase the amount by $175,000 and
26 to extend the term through June 30, 2016.
27
28
2016-131
1 f. On April 4, 2016, the Common Council approved a Fifth Amendment
2 increasing the amount of the agreement by $95,500.
3 2. Section 2. Compensation of the Agreement is hereby amended to increase the
4 amount that the City agrees to pay the Consultant by $125,000 and to extend
5 the term of the Agreement through June 30, 2017. Accordingly, the amended
6 total contract amount shall not exceed $720,500.
7 3. Except for the changes specifically set forth herein, all other terms and
8 conditions of the Agreement shall remain in full force and effect.
9
10 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment
11 to be executed by and through their respective authorized officers, as of the date first
12 above written.
13
14 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE
A Municipal Corporation
15
16
17
18 Mark Scott, City Manager Linda L. Daube, Partner
19 APPROVED AS TO FORM:
20 Gary D. Saenz, City Attorney
21
B �
22
23
24
25
26
27
2
28
2016-131
1 SIXTH 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 SIXTH AMENDMENT is made and entered into as of July 5, 2016 by and
6 between the CITY OF SAN BERNARDINO, a charter city ("CITY") and THE LAW OFFICE
7 OF 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
11 agreement for assistance in negotiations of all labor agreements and
12 other employee relations issues for work to be performed during the
13 2013-14 fiscal year for $24,999.
14 b. On April 7, 2014, the City and Consultant entered into a First
15 Amendment to increase the agreement amount to $55,000 and to
16 expand the scope of services to include assisting the City's Chief Labor
17 Negotiator in working on settlement agreements with the Police, Fire
18 and Retiree creditor groups through the Bankruptcy Mediation process.
19 c. On July 7, 2014, the City and Consultant entered into a Second
20 Amendment to increase the agreement amount to $150,000.
21 d. On December 15, 2014, the City and Consultant entered into a Third
22 Amendment to the agreement to increase the amount by $175,000 and
23 extend the term through June 30, 2015.
24 e. On August 17, 2015, the City and Consultant entered into a Fourth
25 Amendment to the agreement to increase the amount by $175,000 and
26 to extend the term through June 30, 2016.
27
i
28
2016-131
1 f. On April 4, 2016, the Common Council approved a Fifth Amendment
2 increasing the amount of the agreement by $95,500.
3 2. Section 2. Compensation of the Agreement is hereby amended to increase the
4 amount that the City agrees to pay the Consultant by $125,000 and to extend
5 the term of the Agreement through June 30, 2017. Accordingly, the amended
6 total contract amount shall not exceed $720,500.
7 3. Except for the changes specifically set forth herein, all other terms and
8 conditions of the Agreement shall remain in full force and effect.
9
10 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment
11 to be executed by and through their respective authorized officers, as of the date first
12 above written.
13
14 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE
A Municipal Corporation
15
16 A�17 A414-11— rA
18 Mark Scott, City Manager Linda L. Daube, Partner
19 APPROVED AS TO FORM:
20 Gary D. Saenz, City Attorney
21
B
22
23
24
25
26
27
a
28