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RESOLUTION NO. 2017-196
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A SEVENTH
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO,
CALIFORNIA INCREASING THE PURCHASE ORDER BY $14,000.00, TO THE
LAW OFFICE OF LINDA L. DAUBE FOR A TOTAL AMOUNT NOT TO EXCEED
$734,500.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Seventh Amendment to
the Consultant Services Agreement between The Law Office of Linda L. Daube and
the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and
incorporated herein.
SECTION 2. The Director of Finance is hereby authorized to issue an
amended Purchase Order by $14,000.00, to The Law Office of Linda L. Daube for
consultant services for a total amount not to exceed $734,500.00.
SECTION 3. The authorization hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the
Office of the City Clerk within sixty (60) days following the effective date of this
Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A SEVENTH
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO,
CALIFORNIA INCREASING THE PURCHASE ORDER BY $14,000.00, TO THE
LAW OFFICE OF LINDA L. DAUBE FOR A TOTAL AMOUNT NOT TO EXCEED
$734,500.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
I e day of October 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA X
SHORETT X(S)
NICKEL X(M)
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
Georgeanti arena, 61r,
City Clerk
The foregoing Resolution is hereby approved this 18a' day of October 2017
a(�4
R. Carey Dav' , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By
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EXHIBIT "A"
1 SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA
2 L. DAUBE
3 THIS SEVENTH AMENDMENT is made and entered into as of October 18,
4 2017, by and between the CITY OF SAN BERNARDINO ("CITY") and The Law Office
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of Linda L. Daube ("CONSULTANT"). In consideration of the mutual covenants and
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7 conditions set forth herein, the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes:
9 i. On September 12, 2012, the CITY and CONSULTANT entered into
10 that certain agreement entitled "Consultant Services Agreement
11 between the Law Office of Linda L. Daube and the City of San
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13 Bernardino" ("Agreement") for $24,999.00.
14 ii. On April 7, 2014, the CITY and CONSULTANT entered into that
15 certain First Amendment to the "Consultant Services Agreement
16 between the Law Office of Linda L. Daube and the City of San
17 Bernardino" for an amount not to exceed $55,000.00. The
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amendment also expanded the scope of services to include
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20 assisting the City's Chief Labor Negotiator in working on settlement
21 agreements with the Police. Fire and Retiree creditor groups through
22 the Bankruptcy mediation process.
23 iii. On July 7, 2014, the CITY and CONSULTANT entered into that
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certain Second Amendment to the "Consultant Services Agreement
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26 between the Law Office of Linda L. Daube and the City of San
27 Bernardino" for an amount not to exceed $150,000.00.
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EXHIBIT "A"
1 iv. On December 15, 2014, the CITY and CONSULTANT entered into
2 that certain Third Amendment to the "Consultant Services
3 Agreement between the Law Office of Linda L. Daube and the City
4 of San Bernardino" and increased the amount the City agreed to pay
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the Consultant by $175,000.00.
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7 v On August 17, 2015, the CITY and CONSULTANT entered into that
8 certain Fourth Amendment to the "Consultant Services Agreement
9 between the Law Office of Linda L. Daube and the City of San
10 Bernardino" and increased the amount that the City agreed to pay
11 the Consultant by $175,000.00.
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13 vi. On April 4, 2016, the CITY and CONSULTANT entered into that
14 certain Fifth Amendment to the "Consultant Services Agreement
15 between the Law Office of Linda L. Daube and the City of San
16 Bernardino" and increased the amount that the City agreed to pay
17 the Consultant by $95,500.00.
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vii. On July 6, 2016, the CITY and CONSULTANT entered into that
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20 certain Sixth Amendment to the "Professional Services Agreement
21 between the Law Office of Linda L. Daube and the City of San
22 Bernardino" and increased the amount that the City agreed to pay
23 the Consultant by $125,000.00.
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2. Section 2. Compensation of the Agreement is hereby amended to increase
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26 the amount by $14,000.00. Accordingly, the amended total contract amount
27 shall not exceed $734,500.00.
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EXHIBIT "A"
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Seventh
Amendment to be executed by and through their respective authorized
officers, as of the date first above written.
CITY OF SAN BERNARDINO
By Z , I/
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
ATItEST:
Georgeann Hanna, CMC, 6ty Clerk
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CONSULTA
/B
-� ind . Daube, Consultant