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RESOLUTION NO. 2018-210
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE TO
PROVIDE LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS
AND PERSONNEL DISCIPLINARY MATTERS AND INCREASING THE
PURCHASE ORDER BY $150,000 FOR A TOTAL AMOUNT NOT TO EXCEED
$225,000
WHEREAS, the Mayor and City Council previously authorized the execution of a
services Agreement between the City of San Bernardino and Liebert Cassidy Whitmore by
Resolution No. 2017-252; and
WHEREAS, the term of the current Agreement will expire on June 30, 2018.
NOW THEREFORE, 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 the First Amendment to the agreement for special services between
law firm Liebert Cassidy Whitmore 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 or designee is hereby authorized to issue an
amended Purchase Order to Liebert Cassidy Whitmore for Special Services for a total annual
amount not to exceed $225,000.
SECTION 3. The authorization granted 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 CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE TO
PROVIDE LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS
AND PERSONNEL DISCIPLINARY MATTERS AND INCREASING THE
PURCHASE ORDER BY $150,000 FOR A TOTAL AMOUNT NOT TO EXCEED
$225,000
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
18a' day of July 2018, by the following vote, to wit:
Couneil Members: AYES NAYS
MARQUEZ
VALDIVIA
SHORETT
NICKEL
RICHARD X
MULVIHILL
ABSTAIN ABSENT
Georgeann arena, CML, City Clerk
The foregoing Resolution is hereby approved this 18`x' day of July 2018.
J
cc o
R. Carey Davrsayor
City of San Bdino
Approved as to form:
Gary D. Saenz, City Attorney
B7 � ��
2
EXHIBIT A
FIRST AMENDMENT TO THE AGREEMENT FOR SPECIAL SERVICES BETWEEN
THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE FOR
LEGAL SERVICES
THIS FIRST AMENDMENT is made and entered into as of
July 18, 2018 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
and LIEBERT CASSIDY WHITMORE, a Professional Corporation ("Attorney"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
1. This Amendment is made with respect to the following facts and purposes:
a. On December 20, 2017, the City and Attorney entered into that
certain agreement entitled "Special Services Agreement"
("Agreement").
b. The City desires to extend the term and increase the amount of the
Agreement.
2. Section 3 Fees, Costs, Expenses is hereby amended to increase the total
amount to an amount not to exceed $150,000. The fees are hereby
amended to read: "The current range of hourly rates for Attorney time is
from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 -
$370.00), One Hundred Ninety -Five Dollars to Two Hundred Thirty Dollars
($195.00 - $230.00) for time of Labor Relations/HR Consultants and from
Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) for time of
paraprofessional and litigation support staff. Attorney reviews its hourly
rates on an annual basis and, if appropriate, adjusts them effective July 1."
3. Section 10 Term of the Agreement is hereby amended to extend the
Agreement for one year, through June 30, 2019.
4. 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 caused this Amendment Number One
to be executed by and through their respective authorized officers, as of the date first
above written.
CITY OF SAN BERNARDINO,
A Municipal Corporation
Andrea M. Miller, City Manager
Date:
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: L
ATTEST:
Georgeann Hanna, CMC, City Clerk
LIEBERT CASSIDY WHITMORE
a Professional Corporation
By:
Date: