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HomeMy WebLinkAboutCDC/2010-59 1 2 3 4 5 6 7 ., RESOLUTION NO. CDC/2010-59 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND ROSENOW SPEV ACEK GROUP, INCORPORATED 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a 9 public body, corporate and politic existing under the laws of the State of California, Health and 10 Safety Code 33101, and is charged with the mission of redeveloping blighted and underutilized 11 land pursuant to Health and Safety Code Section 33396; and 12 WHEREAS, on June 7, 2010, the Community Development Commission of the City of San 13 Bernardino ("Commission") approved the Agreement for Professional Services ("Agreement") by 14 and between the Agency and Rosenow Spevacek Group, Inc. (the "Consultant"), for the preparation 15 of merger and plan amendment documents for the Merged Area B Merger and Amendment Project; 16 and 17 WHEREAS, since the approval of the Agreement, the Consultant has performed various 18 services and tasks as required pursuant to the Agreement; and 19 WHEREAS, the Consultant has been asked to perform additional tasks related to the 20 Merged Area B Merger and Amendment Project; and 21 WHEREAS, the additional tasks were anticipated in the Agreement but not previously 22 authorized, and the requirement for undertaking the additional tasks and services have necessitated 23 the increase in the contract dollar amount for professional services. 24 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 25 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 26 FOLLOWS: 27 Section 1. The Commission herby approves Amendment No.1 to the Agreement by and 28 between the Agency and the Consultant, in the form as attached hereto as Exhibit "A", and as 1 P:\Agendas\Resolutions\Resolutions\2010\11-01-1O RSG, Inc. Professional Services Agreement - Amendment No. I CDC Reso.docx CDCj2010-59 1 presented to the Commission upon adoption of this Resolution, and the Commission hereby 2 authorizes the Interim Executive Director of the Agency to execute Amendment No. I on behalf of 3 the Agency together with such technical and conforming changes as may be recommended by the 4 Interim Executive Director of the Agency and approved by the Agency Counsel. 5 Section 2. This Resolution shall take effect from and after its date of adoption by this 6 Commission. 7 /1/ 8 1// 9 /1/ 10 1// 11 1// 12 /1/ 13 /1/ 14 1// 15 /1/ 16 1// 17 1// 18 1// 19 1// 20 1// 21 /1/ 22 /1/ 23 1// 24 /1/ 25 1// 26 1// 27 /1/ 28 1// 2 P:\Agendas\Resolutions\Resolutions\2010\11-Ol-IO RSG, Inc. Professional Services Agreement - Amendment No. I CDC Reso.docx CDC/2010-59 1 2 3 4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND ROSENOW SPEV ACEK GROUP, INCORPORATED 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 1st day of November , 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ x 11 DESJARDINS x 12 BRINKER x 13 SHORETT x 14 KELLEY x 15 JOHNSON ~ 16 MC CAMMACK x 17 secreta:!) SLy 18 19 The foregoing Resolution is hereby approved this 4171 day of November ,2010. 20 21 22 Patri k J. Morris, erson ommunity Development Commission of the City of San Bernardino 23 24 Approved as to Form: 25 By: EC-tuJq l'\ t 26 ency Counsel 27 28 3 P:\Agendas\Resolutions\Resolutions\2010\11-Ol-lO RSG, Inc. Professional Services Agreement - Amendment No I CDC Reso.docx CDC/2010-59 EXHIBIT A 1 2 3 AMENDMENT NO.1 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES (MERGED AREA B MERGER AND AMENDMENT) 4 5 6 7 8 9 10 11 12 13 14 15 ROSENOW SPEV ACEK GROUP, INCORPORATED 16 17 18 19 20 21 22 23 24 25 26 27 28 4 P:\Agendas\Resolutions\Resolutions\2010\11-01-10 RSG, Inc. Professional Services Agreement - Amendment NO.1 CDC Reso.docx CDC/2010-59 AMENDMENT NO.1 TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES (MERGED AREA B MERGER AND AMENDMENT) ROSENOW SPEV ACEK GROUP, INCORPORATED THIS AMENDMENT NO.1 to the Redevelopment Agency of the City of San Bernardino Agreement for Professional Services, Rosenow Spevacek Group, Inc. (this "Amendment No.1"), is dated as of November 1, 2010, and is entered into by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency") and Rosenow Spevacek Group, Inc. (the "Consultant"), and amends certain provisions of that certain Agreement for Professional Services with Rosenow Spevacek Group, Inc., dated as of June 7, 2010 by and between the Agency and the Consultant (the "Agreement"). The Agency and the Consultant agree as follows: RECIT ALS WHEREAS, the Agency and the Consultant have executed and entered into the Agreement, and the Consultant has performed various services and tasks as required pursuant to the Agreement; and WHEREAS, the Consultant has been asked to perform additional tasks for the preparation Merged Area B redevelopment merger and plan amendment documents, which were anticipated in the Agreement but not specifically authorized except by subsequent official action. WHEREAS, the Agency and the Consultant desire to amend the Agreement to provide for an increase in the contract dollar amount for professional services and the expiration date of the Agreement pursuant to the terms, covenants and conditions of this Amendment No. 1. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN THIS AMENDMENT NO.1 AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE AGENCY AND BY THE CONSULTANT, THE AGENCY AND THE CONSULTANT AGREE AS FOLLOWS: 1. The Recitals of this Amendment No.1 are incorporated herein by this reference. 2. This Amendment No. 1 amends the dollar amount of the compensation payable by the Agency to the Consultant from $296,150 to $446,150, representing an increase of $150,000, as said $296,150 figure is provided in Section 4.A. of the Agreement. Section 4.A. of the Agreement is hereby amended by the insertion of the dollar figure of $446,150 to replace the dollar figure of $296,150. P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\11-01-10 RSG Professional Services Agreement - Amendment No Idocx CDC/2010-59 IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed this Amendment No.1 as of the date first written above. Dated: /;//I/MtJ Approved as to Form and Legal Content: By: ~Cl'~C( v-ct:-r\ () jCl Ulc(t"---" Agencytounsel :; 1; / / .__//...... j,'..>' _..../1 {' _ ._;\: Dated:, 7fT 19 2(11/ AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate andpolitic._ /?1 ,'; - { ',,-- 1m Executive Director CONSULTANT Rosenow Spevacek Group, Incorporated By,c/~<<-a1<;2 ~ ,-.- - /~/- A Name: IJ:// < e> -{t{:/?<--- Title:f{~ fie//ItIt/lrf/l/IJt! I PAl / ( P:\Agendas\Agenda Attachments\Agenrla Attachments\Agrmts-Amend 2010\11-01-10 RSG Professional Services Agreement - Amendment No l.docx 2