HomeMy WebLinkAbout1990-259
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RESOLUTION NO. 90-259
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE AGREEMENT WITH DONALD H. MAYNOR RELATIVE TO THE
3 PERFORMANCE OF AN AUDIT ON THE GAS AND ELECTRIC FRANCHISE
AGREEMENTS.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City an amendment to the Agreement with
Donald H. Maynor relative to the performance of an audit on the
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gas and electric franchise agreements.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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DAB/ses/E1ectric.res 1
June 18, 1990
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THE AGREEMENT WITH DONALD H. MAYNOR RELATIVE TO THE
2 PERFORMANCE OF AN AUDIT ON THE GAS AND ELECTRIC FRANCHISE
AGREEMENTS.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on the ?~~
day of
June
, 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
x
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REILLY
x
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FLORES
x
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MAUDSLEY
x
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MINOR
x
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POPE-LUDLAM
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MILLER
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July
, 1990.
); ,. 0. 'Z
d,,,~ {I(~,,u~;-<.;,
, j
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Ci
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";;-Z{ day
The foregoing resolution is hereby
of
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Approved as to
22 form and legal content:
JAMES
City
F. PENMAN,
ttorney .'"
(to,,? I~~,,--
DAB/ses/Electric.res
June 18, 1990
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FIRST AMENDMENT TO AGREEMENT
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r.[THIS AMENDMENT TO AGREEMENT is made and entered into this
/}, day of ~~ ' 1990, by and between the CITY OF
SAN BERNARDINO, hereinagter called "City", and DONALD H. MAYNOR,
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hereinafter called "Consultant",
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WITNESSETH:
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WHEREAS, the parties entered into that certain Agreement
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for Consultant's services dated October 17, 1989, and
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WHEREAS, the parties desire now to amend said Agreement,
NOW, THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1.
Section 2.E. of said Agreement is hereby amended to
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12 read as follows:
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"Upon a determination of an undercollection or
noncollection of franchise fees and/or utility users'
taxes under subsections above, Consultant shall advise
the City Administrator in writing of the nature and
amount of such revenues and taxes, and the likelihood
of successfully collecting these amounts.
Consultant
shall commence negotiations for payment to the City
of the disputed amounts.
If such negotiations are
unsuccessful, Consultant, may conduct any necessary
litigation on behalf of the City to collect such
monies, with the prior consent and approval of the
City Attorney, which consent shall not be unreasonably
withheld.
All complaints filed by Consultant shall
receive the prior review and approval of the City
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DAB/ses/Electric.res
June 20, 1990
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2.
Attorney, which approval shall not be unreasonably
withheld. Consultant shall have no authority to
settle any claim without the consent of the Mayor and
Common Council of City, which consent shall not be
unreasonably withheld."
Section 4 of said Agreement is hereby amended to read
8 "The term of this agreement shall be for the
7 as follows:
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9 1990-91, 1991-92, 1992-93, 1993-94, and 1994-95 fiscal
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3.
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years.
The scope of the audit shall also include, at
the Consultant's option, up to four years prior to
1990. "
Section 9 of said Agreement is hereby amended to read
"City shall not be responsible to pay to
Consultant any amounts as noted in Paragraph 3 except
on funds actually received or savings received under
Section 2. D.
Furthermore, City shall owe Consultant
no fee hereunder with respect to Edison's $14,000 past
payment to City in 1990 as a result of Edison's self-
audit, provided, however, if Consultant's auditing
activities reveals that Edison's $14,000 payment is
inaccurate or inadequate, for any reason whatsoever,
Consultant shall be entitled to receive a fee based on
any recovery of "additional revenues" in excess of
said $14,000, in accordance with the provisions of
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DAB/ses/Electric.res
June 20, 1990
. .
1 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, AND
DONALD H. MAYNOR.
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this Agreement."
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4. Except as amended herein, said Agreement shall remain
in full force and effect.
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IN WITNESS WHEREOF the parties hereto have executed this
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Amendment to Agreement on the day and date first
spown.
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ATTEST:
tl J " ., " ~, .,
d.!(ZtIJ:,a(lPat/J,JIi.</ l1J:.ud E';/.:!<,
C1 ty Clerk ,I tCL'i/U<~'
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APPROVED AS TO FORM
AND LEGAL CONTENT:
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JAMES F. PENMAN,
19 City Attorney
By: ~~ l
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,
DABjsesjE1ectric.res
June 21, 1990
B~/
// W.R. Ho
City of
CONSULTANT
By,~I;T
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