HomeMy WebLinkAbout15- Human Resources 15.a
kRrnKLj&
4P ter. Consent Calendar rn
City of San Bernardino
0 0' Request for Council Action d
c
d
d
Date: October 18, 2017
m
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Mana
By: Helen Tran, Director of man Resources a
Subject: Seventh Amendment to the Consultant Services Agreement Z
between the City of San Bernardino and the Law Offices of Un
Linda L. Daube
Recommendation C
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, U
California, authorizing the execution of a Seventh Amendment to the Consultant w
Services Agreement between the Law Offices of Linda L. Daube and the City of San o
Bernardino for employment and labor law legal services and increasing the purchase
order by $14,000.00, to the Law Offices of Linda L. Daube for a total amount not to E
exceed $734,500.00
E
Background Q
Ms. Linda Daube has been assisting the City since 2012. She was an integral part of the
bankruptcy process, working with the City Manager and Bankruptcy Team in
implementing settlement agreements as related to the labor and retiree creditor groups `"
and assisted in the fire annexation employee transitions. In addition, Ms. Daube assistedco
the City in negotiating labor agreements with Miscellaneous bargaining groups as well as
assisted with various labor relations matters. Ms. Daube's contract with the City expired o
on June 30, 2017. C
W
Discussion m
D
The City and Law Offices of Linda L. Daube previously had a contract and authorized o
purchase order not to exceed $720,500.00. The Seventh Amendment will authorize the o
payment of outstanding invoices in the amount of $14,000.00 for services rendered after w
July 1, 2017, thus increasing the purchase order in an amount not to exceed a
$734,500.00. _
Z
Fiscal Impact w
Adequate funds were included in the Adopted FY 2017-18 Budget. in
u
c
E
L
U
t6
Q
Packet Pg. 133
15.a
Conclusion
Staff recommends the Mayor and City Council adopt the Resolution approving the 0
Seventh Amendment to the Consultant Services Agreement with the Law Offices of
Linda L. Daube and increasing the purchase order by $14,000.00, to the Law Offices of ,
Linda L. Daube for a total amount not to exceed $734,500.00.
d
Attachments
Attachment 1 — Resolution; Exhibit A — Seventh Amendment to the Consultant m
Services Agreement d
E
4)
L
Ward: N/A w
d
Synopsis of Previous Council Actions:
d
On September 12, 2012, the 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 $24,999.00.
0
U
On April 7, 2014, the Common Council amended the agreement increasing the t
agreement amount to $55,000.00. The amendment also expanded the scope of o
services to include assisting the City's Chief Labor Negotiator in working on
settlement agreements with the Police, Fire and Retiree creditor groups through
Bankruptcy mediation process.
iv
E
On July 7, 2014, the Common Council approved a Second Amendment increasing a
1the agreement amount to $150,000.00 and extending the agreement through June
30, 2015.
On December 15, 2014, the Common Council approved a Third Amendment in
increasing the amount of the agreement by $175,000.00 and extending the
agreement through June 30, 2015.
0
On August 17, 2015, the Common Council approved a Fourth Amendment d
increasing the amount of the agreement by $175,000.00 and extending the m
agreement through June 30, 2016. a
a
On April 4, 2016, the Common Council approved a Fifth Amendment increasing the w
amount of the agreement by $95,500.00.
a
On July 6, 2016, the Common Council approved a Sixth Amendment increasing Z
the amount of the agreement by $125,000.00 and extending the agreement >
through June 30, 2017. w
E
14.
Packet Pg. 134
15.b
1 RESOLUTION NO. M
Cn
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN r
3 BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A SEVENTH
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
4 LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO,
CALIFORNIA INCREASING THE PURCHASE ORDER BY $14,000.00, TO THE
5 LAW OFFICE OF LINDA L. DAUBE FOR A TOTAL AMOUNT NOT TO EXCEED m
6 $734,500.
d
E
7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS: a
8
9
SECTION 1. The City Manager of the City of San Bernardino is hereby 2
10 authorized and directed to execute on behalf of said City a Seventh Amendment to Cn
11 the Consultant Services Agreement between The Law Office of Linda L. Daube and
120
the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and
13 0
incorporated herein.
14
15 SECTION 2. The Director of Finance is hereby authorized to issue an
d
16 amended Purchase Order by $14,000.00, to The Law Office of Linda L. Daube for a
17 consultant services for a total amount not to exceed $734,500.00.
m
N
18 SECTION 3. The authorization hereunder shall expire and be void and of no co
19 v
further effect if the Agreement is not executed by both parties and returned to the
0
20
d
21 Office of the City Clerk within sixty (60) days following the effective date of this w
m
22 Resolution. o
0
23 /// w
a
24 !!!
25
LU
26
27 !/! E
28
a
1
Packet Pg. 135
15.b
1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN m
2 BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A SEVENTH o
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE
3 LAW OFFICE OF LINDA L. DAUBE AND THE CITY OF SAN BERNARDINO, _
CALIFORNIA INCREASING THE PURCHASE ORDER BY $14,000.00, TO THE r
4 LAW OFFICE OF LINDA L. DAUBE FOR A TOTAL AMOUNT NOT TO EXCEED
3
5 $734,500. d
m
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the m
Mayor and City Council of the City of San Bernardino at a m
7 meeting thereof, held on the day of L
8 2017, by the following vote, to wit: a
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 BARRIOS _ ____ _ U)
r-
0
12 VALDIVIA — - -
13 SHORETT --
r
r
14
NICKEL -
15 `
� m
16 RICHARD --— a
t
r
17 MULVIHILL
m
18
19 Georgeann Hanna, CMC, City Clerk
0
20
The foregoing Resolution is hereby approved this day of ui
m
21 2017. a
22 0
z
23 R. Carey Davis, Mayor w
City of San Bernardino a
24
Approved as to form: z
25 w
Gary D. Saenz, City Attorney w
m
26 r
d
27 By-
28
y 28
2
Packet Pg. 136
15.b
EXHIBIT "A"
SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
1 BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW OFFICE OF LINDA in
2 L. DAUBE 0
r
3 THIS SEVENTH AMENDMENT is made and entered into as of
r
4 2017, by and between the CITY OF SAN BERNARDINO ("CITY") and The Law Office
5 3
of Linda L. Daube ("CONSULTANT"). In consideration of the mutual covenants and m
6
d
7 conditions set forth herein, the parties agree as follows: E
L
8 1, This Amendment is made with respect to the following facts and purposes: a
U
9 i. On September 12, 2012, the CITY and CONSULTANT entered into
d
10 that certain agreement entitled "Consultant Services Agreement
r
11 between the Law Office of Linda L. Daube and the City of San c
12
Bernardino" ("Agreement") for$24,999.00. w
13 0
r
14 ii. On April 7, 2014, the CITY and CONSULTANT entered into that
E
15 certain First Amendment to the "Consultant Services Agreement
E
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 d
18co
amendment also expanded the scope of services to include
19
20 assisting the City's Chief Labor Negotiator in working on settlement 0
F
21 agreements with the Police, Fire and Retiree creditor groups through m
D
a
22 the Bankruptcy mediation process.
0
23 Z
iii. On July 7, 2014, the CITY and CONSULTANT entered into that 2
24 =
certain Second Amendment to the "Consultant Services Agreement z
25 >
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.
28 a
1
Packet Pg. 137
15.b
EXHIBIT "A"
1 iv. On December 15, 2014, the CITY and CONSULTANT entered into
2 that certain Third Amendment to the "Consultant Services T
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 3
Y
5 the Consultant by $175,000.00. 0°
6
V. On August 17, 2015, the CITY and CONSULTANT entered into that E
7
8 certain Fourth Amendment to the "Consultant Services Agreement a
9 between the Law Office of Linda L. Daube and the City of San
d
10 Bernardino" and increased the amount that the City agreed to pay
11 the Consultant by $175,000.00. o
12
vi. On April 4, 2016, the CITY and CONSULTANT entered into that
13 2
14 certain Fifth Amendment to the "Consultant Services Agreement
15 between the Law Office of Linda L. Daube and the City of San
E
16 Bernardino" and increased the amount that the City agreed to pay
17 the Consultant by $95,500.00. rn
18
vii. On July 6, 2016, the CITY and CONSULTANT entered into that 0
19
20 certain Sixth Amendment to the "Professional Services Agreement h
21 between the Law Office of Linda L. Daube and the City of San m
a
22 Bernardino" and increased the amount that the City agreed to pay
0
z
23the Consultant by $125,000.00. a
24 =
2. Section 2. Compensation of the Agreement is hereby amended to increase z
25 >
the amount by $14,000.00. Accordingly, the amended total contract amount W
26
27 shall not exceed $734,500.00.
r
28
2
Packet Pg. 138
15.b
EXHIBIT "A"
1 3. Except for the changes specifically set forth herein, all other terms and
2 conditions of the Agreement shall remain in full force and effect. c
3 IN WITNESS THEREOF, the parties hereto have executed this Seventh
4Amendment to be executed by and through their respective authorized
5 d
officers, as of the date first above written. m
6
CITY OF SAN BERNARDINO CONSULTANT
7
;v
a
8 By — —_ By:
9 Andrea M. Miller, City Manager Linda L. Daube, Consultant Z
d
10
11 APPROVED AS TO FORM:
12 Gary D. Saenz, City Attorney v
d
t
13 0
r
14 By — -
E
15
E
16
17
d
18 c;
CD
19
0
20
L
W
21
a
22 0
z
23
a
24
Z
25 >
w
26 `�
d
27 t
28 a
3
Packet Pg. 139
This Page Is left Intentionally Blank