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RESOLUTION (ID # 4513) DOC ID: 4513
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Helen Tran M/CC Meeting Date: 07/05/2016
Prepared by: Helen Tran, (909) 384-5161
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 Sixth 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. (#4513)
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.
On April 4, 2016, the Common Council approved a Fifth Amendment increasing the
amount of the agreement by $95,500.
BACKGROUND:
Ms. Linda Daube continues to be an integral part of the bankruptcy process, working
with the City Manager, the Interim Human Resources Director, and the Bankruptcy
Team in implementing settlement agreements as related to the labor and retiree creditor
groups and assisting in the fire annexation employee transitions. Since she was
Updated: 6/22/2016 by Jolena E. Grider Packet Pg. 146'
4513
retained in September 2013, Ms. Daube has assisted the City in negotiating labor
agreements and in developing and implementing cost savings for the City health and
retirement programs. The City and Law Offices of Linda Daube currently have a
contract and authorized purchase order not to exceed $595,500.
Further assistance is needed from Ms. Daube who will be critical in helping the City in
implementing the labor and employment programs of the City's ongoing bankruptcy
recovery plan, helping develop strategies for long term cost containment, assisting in
preparing and implementing necessary documents for the confirmation of the City's
Bankruptcy Plan, and providing support to the City Manager and Interim Human
Resources Director in labor negotiations for the miscellaneous employee bargaining
groups. It is anticipated that these additional services for a twelve month period will not
exceed $125,000. The total contract would be amended not to exceed $720,500.
FUNDING:
Funds are available in the General Government Services bankruptcy allocation of the
2016/17 budget.
City Attorney Review:
Supporting Documents:
6TH AMENDMENT RESOLUTION 7-5-16 (DOCX)
agrmt. 4513 (PDF)
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Updated: 6/22/2016 by Jolena E. Grider
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RESOLUTION NO. _
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN z
BERNARDINO AUTHORIZING THE EXECUTION OF A SIXTH AMENDMENT TO
3 THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF E
LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR LABOR
4 NEGOTIATOR AND BANKRUPTCY SERVICES. a
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE N
CITY OF SAN BERNARDINO AS FOLLOWS: o
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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 Sixth Amendment to
10 Consultant Services Agreement between The Law Office of Linda L. Daube and the
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11 City of San Bernardino regarding Labor Negotiator and Bankruptcy Services, a
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copy of which is attached hereto marked Exhibit "A" and incorporated herein by
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reference as fully as though set forth at length.
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15 SECTION 2. The Director of Finance, or designee, is hereby authorized to
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16 issue an amended Purchase Order to The Law Office of Linda L. Daube for N
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17 consultant services for a total amount not to exceed $720,500.00.
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18 SECTION 3. The authorization granted hereunder shall expire and be void ti
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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
22 Resolution.
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Packet Pg. 148
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF A SIXTH AMENDMENT TO z
THE CONSULTANT SERVICES AGREEMENT BETWEEN THE LAW OFFICE OF
3 LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR LABOR E
NEGOTIATOR AND BANKRUPTCY SERVICES.
4 E
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the c
6 Mayor and Common Council of the City of San Bernardino at a N
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7 meeting thereof, held on the day of
8 2016, by the following vote, to wit: o
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10 Council Members: AYES NAYS ABSTAIN ABSENT J
11 MARQUEZ a°,
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12 BARRIOS o
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13 VALDIVIA
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14 SHORETT _ Lo
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NICKEL o
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17 RICHARD
18 MULVIHILL
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20
Georgeann Hanna, City Clerk o
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22 The foregoing Resolution is hereby approved this day of z
23 2016. o
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24
R. Carey Davis, Mayor z
25 City of San Bernardino
26 Approved as to form:
Gary D. Saenz, City Attorney E
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28 By: Q
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Packet Pg.:449
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1 SIXTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA L. DAUBS FOR
3 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES
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5 THIS SIXTH AMENDMENT is made and entered into as of July 5, 2016 by an, Z
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6 between the CITY OF SAN BERNARDINO, a charter city("CITY") and THE LAW OFFICI E
7 OF LINDA L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants am 0
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8 conditions set forth herein, the parties agree as follows: a
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 ai cc
11 agreement for assistance in negotiations of all labor agreements an(
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12 other employee relations issues for work to be performed during th(
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13 2013-14 fiscal year for$24,999.
14 b. On April 7, 2014, the City and Consultant entered into a Firs
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15 Amendment to increase the agreement amount to $55,000 and tc o
16 expand the scope of services to include assisting the City's Chief Labo J
17 Negotiator in working on settlement agreements with the Police, Fir(
18 and Retiree creditor groups through the Bankruptcy Mediation process M
19 c. On July 7, 2014, the City and Consultant entered into a Seconc
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20 Amendment to increase the agreement amount to $150,000.
21 d. On December 15, 2014, the City and Consultant entered into a Thirc
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22 Amendment to the agreement to increase the amount by $175,000 anc
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23 extend the term through June 30, 2015. a
24 e. On August 17, 2015, the City and Consultant entered into a Fourtl'
25 Amendment to the agreement to increase the amount by $175,000 anc
26 to extend the term through June 30, 2016.
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Packet Pg. 1,50
I f. On April 4, 2016, the Common Council approved a Fifth Amendmer
2 increasing the amount of the agreement by $95,500.
3 2. Section 2. Compensation of the Agreement is hereby amended to increase th+
4 amount that the City agrees to pay the Consultant by $125,000 and to extenr
5 the term of the Agreement through June 30, 2017. Accordingly, the amender z°
6 total contract amount shall not exceed $720,500.
7 3. Except for the changes specifically set forth herein, all other terms an( E
8 conditions of the Agreement shall remain in full force and effect. a
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10 IN WITNESS THEREOF, the parties hereto have caused this Second Amendmen. A
11 to be executed by and through their respective authorized officers, as of the date firs ma
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12 above written. J
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CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE o
14 A Municipal Corporation
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Mark Scott, City Manager Linda L. Daube, Partner
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19 APPROVED AS TO FORM:
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20 Gary D. Saenz, City Attorney
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