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HomeMy WebLinkAbout15- City Attorney 15.a � WAR pJ Consent Calendar fl �3 City of San Bernardino Request for Council Action E d c Date: September 27, 2017 > t To: Honorable Mayor and City Council Members 3 From: Gary Saenz, City Attorney (� By: Jason Ewert, Deputy City Attorney�,�'r a Subject: First Amendment to the Consultant Services Agreement with Van Dermyden Maddux Law Corporation U) 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. 00 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 0 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 0 0 a r E a Packet Pg. 479 15.a' 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). E 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 E Ward: All Synopsis of Previous Council Actions: The original CSA for$25,000 was Q N d approved at the regular meeting on 7/19/17. r 0 U m c m E v c d E Q N LL r CO r H O a w a O U Q J X D Q C d Q Packet Pg.480 15.b 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 d EMPLOYMENT INVESTIGATION LEGAL SERVICES AND INCREASING THE 5 PURCHASE ORDER WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR as A TOTAL AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS($70,000). o 6 = ea > 7 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 3 a SAN BERNARDINO, CALIFORNIA AS FOLLOWS: 9 d SECTION 1. The City Attorney of the City of San Bernardino, California is hereby rn 10 Q N 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 ® 14 attached hereto and incorporated herein as Exhibit"A." 0 15 SECTION 2. The Director of Finance is hereby authorized to issue an amended r 16 Purchase Order to the Van Dermyden Maddux Law Corporation for a total amount not to exceed d 17 seventy thousand dollars$70,000. 18 SECTION 3. The authorization granted by this Resolution shall expire and be void a r 19 and of no further effect if the agreement is not executed by both parties and returned to the Office U. 20 of the City Clerk within sixty(60)days following the effective date of this Resolution. o 21 Ill Z 22 0 . Q 23 oa O ch 24 /// W X 25 26 Q 27 ami 28 m Q 1 Packet Pg.481 15.b 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). 5 d 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and D 7 Common Council of the City of San Bernardino ata meeting thereof,held on the 3 r 8 da of 2017,by the following vote,to wit: d Y E 9 Council Members: AYES NAYS ABSTAIN ABSENT Q 10 H MARQUEZ — _ Z 11 �— _-- d U) 12 BARRIOS �o 13 VALDIVIA 0 14 SHORETT --_ 15 0 NICKEL 16 E 17 RICHARD E 18 MULVIHILL y A: 19 _ U- 20 2o Georgeann Hanna, City Clerk o v FIL 21 The foregoing Resolution is hereby approved this _ day of _ 52017. z 22 (7 Q 06 23 O R. Carey Davis,Mayor w 24 City of San Bernardino x 25 Approved as to form: 0 Gary D. Saenz, City Attorney Q 26 B 2 7 Y - 28 Packet Pg.482 15.b 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 3 THIS FIRST AMENDMENT is made and entered into as of _ , 2017, 4 by and between the CITY OF SAN BERNARDINO ("CITY") and the Van Dermyden 5 0 6 Maddux Law Corporation ("CONSULTANT"). In consideration of the mutual r 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 9 i. On July 26, 2017, the CITY and CONSULTANT entered into that a 10 d 11 certain agreement entitled "Consultant Services Agreement 12 Between the City of San Bernardino and Van Dermyden Maddux 75 13 Law Corporation for Employment Investigation Legal Services" 0 14 co ("Agreement") for $25,000.00. � .. 15 0 ii. The City has determined that it is currently necessary to expand the c 16 E 17 Scope of Investigation pursuant to the terms of Section 1.1 of the E 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- co 20 amount of the Agreement. 21 ~ 2. The finalization of the investigation and the delivery of the final report is 2 22 a hereby amended/extended to October 17, 2017. 06 23 24 3. Compensation of the Agreement is hereby amended to increase the X 25 amount by $45,000.00. Accordingly, the amended total contract amount o 0 a 26 shall not exceed $70,000. 27 4 Except for the changes specifically set forth herein, all other terms and 28 `° conditions of the Agreement shall remain in full force and effect. a 1 Packet Pg.483 15.b 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 3 d 4 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. > r w 7 3 r 8 CITY OF SAN BERNARDINO CONSULTANT d A Municipal Corporation VAN DERMYDEN MADDUX E 9 LAW CORPORATION a 10 U) d By: By: — 11 Jolena Grider, Deborah Maddux, v, 12 Chief Assistant City Attorney Senior Managing Partner ° 13 _ Date: Date: ° 14 � 15 16 E a _ 17 E a 18 L U- 19 00 20 21 Z c� 22 Ca 23 w 24 X D 25 a 26 d 27 E 28 2 Packet Pg.484