HomeMy WebLinkAboutCDC/2009-08
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RESOLUTION NO. CDC/2009-8
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 EDA W,INC.
8 WHEREAS, the Redevelopment Agency of the City of San Bemardino (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 16, 2008, the Mayor and Common Council of the City of San
13 Bernardino ("Council") and the Community Development Commission of the City of San
14 Bernardino ("Commission") approved the Agreement for Professional Services ("Agreement") by
15 and between the Agency and EDA W, Inc. (the "Consultant"), for studying, analyzing, planning and
16 preparing solution alternatives, funding objectives and implementation strategies for the Downtown
17 Core Vision! Action Plan Project; and
18 WHEREAS, since the approval of the Agreement, the Consultant has performed various
19 services and tasks as required pursuant to the Agreement; and
20 WHEREAS, the Agency and the Consultant have been asked to prepare additional materials
21 and conceptual plans, facilitate meetings and make presentations to other agencies, stakeholders,
22 developers and interested parties; and
23 WHEREAS, the additional tasks were not anticipated in the Agreement, and the
24 requirement for undertaking the additional tasks and services have necessitated the increase in the
25 contract dollar amount for professional services and the expiration date of the Agreement.
26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28 FOLLOWS:
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P\Agendas\ResolutionsIResolutionsI2009\03-02_09 EDAW, Inc. Amendment No 1 CDC Roso.doc
CDC/2009-8
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Section 1.
The Commission herby approves Amendment No. I to the Agreement by and
2 between the Agency and the Consultant, in the form as attached hereto and as presented to the
3 Commission upon adoption of this Resolution, and the Commission hereby authorizes the Interim
4 Executive Director of the Agency to execute Amendment No. I on behalf of the Agency together
5 with such technical and conforming changes as may be recommended by the Interim Executive
6 Director of the Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
8 Commission.
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Pc\Agenda,IResolutiOll,IRe,olution,\2009\03-02_09 EDAW, Inc. Amendment No.1 CDC Re,o,doc
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CDC/2009-8
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 EDA W,INC.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a
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secret~
19 The foregoing Resolution is hereby approved this JJL day of March
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joint regular
meeting
day of March
,2009, by the following vote to wit:
Ayes
Nays
Abstain
Absent
---'L-
X
X
X
~
X
,2009.
~.~
Patrie J. Morris, Chm
nity Development Commission
of the City of San Bernardino
Approved as to Form:
\~~
Agency I
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P:\Agendas\ResolutiOlls\Resolutions\2009\03_02-09 EDAW, Inc, Amendment No. ] CDC Resa.doc
CDC/2009-8
AMENDMENT NO. I
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
EDA W, INC.
THIS AMENDMENT NO. I to the Redevelopment Agency of the City of San Bernardino
Agreement for Professional Services, EDA W, Inc. (this "Amendment No. I "), is dated as of March 2,
2009, 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 EDA W, Inc. (the "Consultant"), and amends
certain provisions of that certain Agreement for Professional Services with EDA W, Inc., dated as of
June 16, 2008, by and between the Agency and the Consultant (the "Agreement"). The Agency and
the Consultant agree as follows:
RECITALS
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 Agency and the Consultant have been asked to prepare additional materials,
prepare conceptual plans, make presentations, facilitate meetings with other agencies, potential
developers, interested parties and stakeholders, all of which were not anticipated in the Agreement; and
WHEREAS, the requirements for undertaking the extra tasks and services have necessitated
extending the last date of performance under the Agreement; and
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. I.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE,
THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN THIS
AMENDMENT NO. I 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:
I. The Recitals of this Amendment No. I are incorporated herein by this reference.
2. This Amendment No. I amends the dollar amount of the compensation payable by the
Agency to the Consultant from $263,500 to $328,500, representing an increase of $65,000, as said
$263,500 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 $328,500 to replace the dollar figure of
$263,500.
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CDC/2009-8
3. This Amendment No. I amends the expiration date oftheAgreement for the time period
during which the Consultant shall provide the professional services pursuant to the Agreement by
amending Section 3 of the Agreement. Section 3 of the Agreement is hereby amended by replacing the
last sentence thereof with the following text: "The Consultant shall perform and complete the services
as set forth on said Scope of Services on or before the date of June 30, 2009.
IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed
thisAmendment No. I as of the date first written above.
AGENCY
Dated: ,J j;5/~7
/
Redevelopment Agency of the City of San Bernardino,
::~H'bOO;~';'
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
BY:(~
Agency
CONSULTANT
EDA W, Inc.
Dated: ,5/;112($(
,
~tiM
By.
Name. \ V\l\~
Title: '1\(A; Ftz-tSlt::O,-rr-
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