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Consent Calendar
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Request for Council Action
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Date: September 27, 2017 >
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To: Honorable Mayor and City Council Members 3
From: Gary Saenz, City Attorney (�
By: Jason Ewert, Deputy City Attorney�,�'r
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Subject: First Amendment to the Consultant Services Agreement with
Van Dermyden Maddux Law Corporation
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Recommendation N
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, o
California, Authorizing the City Attorney to Execute a First Amendment to the L)
Consultant Services Agreement with Van Dermyden Maddux Law Corporation for
Employment Investigation Legal Services and Increasing the Purchase Order with Van S
Dermyden Maddux Law Corporation for a Total Amount Not to Exceed Seventy
Thousand Dollars ($70,000). E
Background E
On or about July 19, 2017, the Mayor and City Council authorized a Consultant y
Services Agreement with the Van Dermyden Maddux Law Corporation. Since that time, U-
the retained investigator has completed numerous interviews with City employees.
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Discussion
After reviewing the nature and scope of the additional information obtained by the
investigator during the interviews with City employees, the City Attorney's Office has a
determined that it is necessary to increase the scope of the investigation, extend the
term for the delivery of the final report, and increase the total amount of the contract. a
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Fiscal Impacts
The cost of the Consultant Services Agreement shall not exceed $70,000.00 and will be a
allocated to the City Attorney Office budget for retention of outside counsel. j
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Conclusion X
Staff recommends the Mayor and City Council adopt the Resolution approving the 0
Consultant Services Agreement with Van Dermyden Maddux Law Corporation and
increasing the purchase order with Van Dermyden Maddux Law Corporation for a total
amount not to exceed seventy thousand dollars ($70,000).
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Attachments
Attachment 1 Resolution; Exhibit A- First Amendment to the Consultant Services
Agreement Between the City of San Bernardino and the Van >
Dermyden Maddux Law Corporation for Employment Investigation y
Legal Services 3
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Ward: All
Synopsis of Previous Council Actions: The original CSA for$25,000 was Q
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approved at the regular meeting on 7/19/17.
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1 RESOLUTION NO. M
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO
3 EXECUTE A FIRST AMENDMENT TO THE CONSULTANT SERVICES
4 AGREEMENT WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR
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EMPLOYMENT INVESTIGATION LEGAL SERVICES AND INCREASING THE
5 PURCHASE ORDER WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR
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A TOTAL AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS($70,000). o
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 3
a SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
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SECTION 1. The City Attorney of the City of San Bernardino, California is hereby rn
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11 authorized and directed to execute on behalf of said City a First Amendment to the Consultant 0
12 Services Agreement between the City of San Bernardino, California and the Van Dermyden y
13 Maddux Law Corporation for employment investigation legal services, a copy of which is
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attached hereto and incorporated herein as Exhibit"A." 0
15 SECTION 2. The Director of Finance is hereby authorized to issue an amended r
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Purchase Order to the Van Dermyden Maddux Law Corporation for a total amount not to exceed
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17 seventy thousand dollars$70,000.
18 SECTION 3. The authorization granted by this Resolution shall expire and be void a
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19 and of no further effect if the agreement is not executed by both parties and returned to the Office
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20 of the City Clerk within sixty(60)days following the effective date of this Resolution. o
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO x
2 EXECUTE A FIRST AMENDMENT TO THE CONSULTANT SERVICES
3 AGREEMENT WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR
EMPLOYMENT INVESTIGATION LEGAL SERVICES AND INCREASING THE
4 PURCHASE ORDER WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR
A TOTAL AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS($70,000).
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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7 Common Council of the City of San Bernardino ata meeting thereof,held on the 3
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8 da of 2017,by the following vote,to wit: d
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Council Members: AYES NAYS ABSTAIN ABSENT Q
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MARQUEZ — _ Z
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12 BARRIOS
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13 VALDIVIA
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SHORETT --_
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NICKEL
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17 RICHARD
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18 MULVIHILL
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2o Georgeann Hanna, City Clerk o
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21 The foregoing Resolution is hereby approved this _ day of _ 52017. z
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R. Carey Davis,Mayor w
24 City of San Bernardino
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25 Approved as to form:
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Gary D. Saenz, City Attorney
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EXHIBIT "A"
1 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND THE VAN
2 DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT X
INVESTIGATION LEGAL SERVICES
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THIS FIRST AMENDMENT is made and entered into as of _ , 2017,
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by and between the CITY OF SAN BERNARDINO ("CITY") and the Van Dermyden
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6 Maddux Law Corporation ("CONSULTANT"). In consideration of the mutual
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7 covenants and conditions set forth herein, the parties agree as follows: 3
8 1. This Amendment is made with respect to the following facts and purposes. E
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i. On July 26, 2017, the CITY and CONSULTANT entered into that
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certain agreement entitled "Consultant Services Agreement
12 Between the City of San Bernardino and Van Dermyden Maddux
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13 Law Corporation for Employment Investigation Legal Services"
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("Agreement") for $25,000.00. �
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ii. The City has determined that it is currently necessary to expand the c
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17 Scope of Investigation pursuant to the terms of Section 1.1 of the
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Agreement, extend tend the time frame for delivery of the final report a
19 pursuant to section 3.2 of the Agreement, and amend the total U-
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20 amount of the Agreement.
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2. The finalization of the investigation and the delivery of the final report is 2
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hereby amended/extended to October 17, 2017. 06
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24 3. Compensation of the Agreement is hereby amended to increase the
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25 amount by $45,000.00. Accordingly, the amended total contract amount o
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26 shall not exceed $70,000.
27 4 Except for the changes specifically set forth herein, all other terms and
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conditions of the Agreement shall remain in full force and effect. a
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EXHIBIT "A"
1 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND THE VAN
2 DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT
INVESTIGATION LEGAL SERVICES V
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5 IN WITNESS THEREOF, the parties hereto have executed this First
Amendment to be executed by and through their respective authorized officers, as of
6 the date first written above. >
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8 CITY OF SAN BERNARDINO CONSULTANT d
A Municipal Corporation VAN DERMYDEN MADDUX E
9 LAW CORPORATION
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By: By: —
11 Jolena Grider, Deborah Maddux, v,
12 Chief Assistant City Attorney Senior Managing Partner
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Date: Date: °
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