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RESOLUTION (ID # 3622) DOC ID: 3622
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 12/15/2014
r-repared by: Allen Parker, (9v9) 304-
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Third 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. (#3622)
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:
July 21, 2014 - Second Amendment between Linda L. Daube and the City of San
Bernardino for consulting services in the amount not to exceed $95,000.
April 7, 2014 - First Amendment between Linda L. Daube and the City of San
Bernardino for consulting services in the amount not to exceed $55,000.
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 $150,000. Further assistance is
needed from Ms. Daube which will be critical in helping the City in ongoing bankruptcy
mediation meetings, helping develop strategies for the Plan of Adjustment and providing
support to the City Manager in labor negotiations and bankruptcy mediation meetings.
It is anticipated that these additional services will not exceed $175,000 and the total
contract would be amended not to exceed $325,000. Funds are available in the
General Government Services bankruptcy allocation of the 2014-15 budget.
City Attorney Review:
Supporting Documents:
Third Amendment to Daube Agreement Reso (DOCX)
agrmt 3622 (PDF)
Updated: 12/10/2014 by Georgeann "Gigi" Hanna Packet Pg. 58
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF M
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD z6
3 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR E
4 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES. "a
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City a Third Amendment to Consultant Services o
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10 Agreement between The Law Office of Linda L. Daube and the City of San Bernardino
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regarding Labor Negotiator and Bankruptcy Services, a copy of which is attached hereto 0
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marked Exhibit "A" and incorporated herein by reference as fully as though set forth at O
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length.
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15 SECTION 2. The Director of Finance is hereby authorized to issue an amended
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16 Purchase Order to The Law Office of Linda L. Daube for consultant services for a total
17 amount not to exceed$325,000.00. d
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18 SECTION 3. The authorization granted hereunder shall expire and be void and of no
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further effect if the Agreement is not executed by both parties and returned to the Office of the
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21 City Clerk within sixty(60) days following the effective date of this Resolution.
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Packet Pg. 59
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD
2 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE M
LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO FOR z°
2 LABOR NEGOTIATOR AND BANKRUPTCY SERVICES.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting ¢
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thereof, held on the day of , 2014,by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT m
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9 MARQUEZ o
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10 BARRIOS a
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VALDIVIA 0
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SHORETT 0
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NICKEL
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15 JOHNSON
16 MULVIHILL a
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Georgeann Hanna, City Clerk 0'
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20 0 The foregoing Resolution is hereby approved this day of , 2014. 0
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23 R. Carey Davis, Mayor
City of San Bernardino ¢
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Approved as to form:
25 Gary D. Saenz, City Attorney
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27 By:
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Packet Pd,'60
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I THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THI
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 THIRD AMENDMENT is made and entered into as of December 15, 2014 by ant z6
6 between the CITY OF SAN BERNARDINO,a charter city("CITY")and THE LAW OFFICE OF
7 LINDA L. DAUBE ("CONSULTANT"). In consideration of the mutual covenants anc a
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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:
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10 a. On September 1, 2013, the City and Consultant entered into an agreement foI v
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11 assistance in negotiations of all labor agreements and other employee relations
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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 0
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14 increase the agreement amount to $55,000 and to expand the scope of services 0
15 to include assisting the City's Chief Labor Negotiator in working on settlement p
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16 agreements with the Police, Fire and Retiree creditor groups through the 3
17 Bankruptcy Mediation process.
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18 c. On July 7, 2014,the City and Consultant entered into a Second Amendment to N
19 increase the agreement amount to $150,000.
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20 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount
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21 that the City agrees to pay the Consultant by $175,000.00. a
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22 3. Section 3. Term of the Agreement is hereby amended to extend the term through June Y
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23 30, 2015.
24 4. Except for the changes specifically set forth herein, all other terms and conditions of
25 the Agreement shall remain in full force and effect.
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Packet Pg:61.
I THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THI
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 IN WITNESS THEREOF, the parties hereto have caused this Second Amendment to b( 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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8 CITY OF SAN BERNARDINO, THE LAW OFFICE OF LINDA L. DAUBE a
A Municipal Corporation
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Allen J. Parker, 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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