HomeMy WebLinkAbout05.K- Execution of Fifth Amendment to Consultant Services Agreement between Law Office of Linda L. Daube and the City of San Bernardino 5 K.
RESOLUTION (ID 114368, DOC ID: 4368 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Helen Tran M/CC Meeting Date: 04/04/2016
Prepared by: Tanya Romo, (909) 384-
5122
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Fifth 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. (#4368)
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:
On September 1, 2013, City and Consultant entered into an agreement for assistance in
labor negotiations of all labor agreements, other employee relations work and legal
assistance in bankruptcy matters. The amount was for$24,999.
On April 7, 2014, the Common Council amended the agreement increasing the
agreement amount by$55,000.
On July 7, 2014, the Common Council approved a Second Amendment increasing the
agreement amount by$95,000.
On December 15, 2014, the Common Council approved a Third Amendment increasing
the amount of the agreement by$175,000.
On August 17, 2015, the Common Council approved a Fourth Amendment increasing
the amount of the agreement by$175,000.
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 $500,000.
Further assistance is needed from Ms. Daube who will be critical in helping the City in
ongoing bankruptcy meetings, helping develop strategies for the Plan of Adjustment,
Updated: 3/29/2016 by Helen Tran B Packet Pg 17 8'x:
5.K
4368
assisting in the fire annexation employee transitions, assist in identifying employee
claims and negotiating with the unions as to the value of the claims and providing
support to the City Manager and Human Resources Division Manager in labor
negotiations and bankruptcy. It is anticipated that these additional services will not
exceed $95,500. The total contract would be amended not to exceed $595,500.
FUNDING:
Funds are available in the General Government Services bankruptcy allocation of the
2015/16 budget.
City Attorney Review:
Supporting Documents:
5TH AMENDMENT RESOLUTION (DOCX)
agrmt. 4368 (PDF)
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Updated: 3/29/2016 by Helen Tran B
5.K.a
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO
3 THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF i
LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR LABOR z6
4 NEGOTIATOR AND BANKRUPTCY SERVICES.
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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SECTION 1. The City Manager of the City of San Bernardino is hereby
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9 authorized and directed to execute on behalf of said City a Fifth Amendment to U
10 Consultant Services Agreement between The Law Office of Linda L. Daube and the o
11 City of San Bernardino regarding Labor Negotiator and Bankruptcy Services, a
12 copy of which is attached hereto marked Exhibit "A" and incorporated herein by o
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reference as fully as though set forth at length. o
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15 SECTION 2. The Director of Finance, or designee, is hereby authorized to
16 issue an amended Purchase Order to The Law Office of Linda L. Daube for M
17 consultant services for a total amount not to exceed $595,500.00. o
18 SECTION 3. The authorization granted hereunder shall expire and be void o
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and of no further effect if the Agreement is not executed by both parties and returned
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21 to the Office of the City Clerk within sixty (60) days following the effective date of this o
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22 Resolution. Q
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5.K.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO
THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF
3 LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR LABOR 0
NEGOTIATOR AND BANKRUPTCY SERVICES. Z
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the E
6 Mayor and Common Council of the City of San Bernardino at a E
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7 meeting thereof, held on the day of
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8 2016, by the following vote, to wit: o
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ
12 BARRIOS J
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13 VALDIVIA
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SHORETT R
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NICKEL
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17 RICHARD z0
18 MULVIHILL
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Georgeann Hanna, City Clerk
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22 The foregoing Resolution is hereby approved this day of a
23 2016. _
24
R. Carey Davis, Mayor L
25 City of San Bernardino
26 Approved as to form: a
Gary D. Saenz, City Attorney
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28 By:
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I 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 z°
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6 the CITY OF SAN BERNARDINO,a charter city("CITY")and THE LAW OFFICE OF LINDP
7 L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants and conditions se co
8 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:
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10 a. On September 1, 2013, the City and Consultant entered into an agreement fo_ 0
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11 assistance in negotiations of all labor agreements and other employee relation,
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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 J
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 settlemen p
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16 agreements with the Police, Fire and Retiree creditor groups through the 3
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17 Bankruptcy Mediation process.
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18 c. On July 7,2014,the City and Consultant entered into a Second Amendment tc co
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19 increase the agreement amount to$150,000. r
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20 d. On December 15, 2014, the City and Consultant entered into a Thirc T
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21 Amendment to the agreement to increase the amount by $175,000 and extenc
22 the term through June 30,2015.
23 e. On August 17,2015,the City and Consultant entered into a Fourth Amendmeni a
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 amounl
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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 o:
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 z°
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6 executed by and through their respective authorized officers,as of the date first above written. E
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CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L.DAUBE a
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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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