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RESOLUTION (ID#2034) DOC ID: 2034
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jason Simpson M/CC Meeting Date: 09/17/2012
Prepared by: Jason Simpson,
Dept: Finance Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a First Amendment to Consultant Services Agreement Between Urban Futures
Incorporated and the City of San Bernardino for Consultant Services.
Financial Impact:
Account Numbers: 001-090-0053-5502; 001400-0025-5502; 001400-0088-5505
Total Amount Not to Exceed: $350,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On June 4,2012, an agreement with Urban Futures Incorporated(UFI)was approved by the City
Council to provide Interim Public Works Director and also Financial Consulting Services to the
City in an amount of$150,000.
Backeround:
Urban Futures Incorporated(UFI) is a full-service consulting firm serving public agencies solely
in the State of California. UFI has proposed to continue to provide the City with Interim Director
of Public Works services, as well as continue to provide financial consulting services as a result
of the Chapter 9 filings, completion of the audit, and assist as needed on 3 employees that have
left recently, including the Deputy Director of Finance, Financial Analyst, and Purchasing
Manager.
Financial services of UFI are needed as a result of current economic conditions, the delayed
budget process, the delayed completion of the audit, implementation of the new financial
software solution, ABX1 26 wind-down of the RDA/EDA, and the recent retirement of the
Director of Finance. Since June 4, 2012, the City has declared insolvency, filed for Chapter 9
protection on August 1, 2012 and as a result additional resources are required to meet ongoing
City demands plus comply with City, Creditor and Federal Court deliverables related to the fiscal
emergency plan, strategy, pre-pendency plan, pendency plan and ultimately final a plan of
adjustment in order to emerge from bankruptcy. The financial consulting services will be
charged at the hourly rate not to exceed of$225.
It is also desired for UFI to continue to provide consultant services through James L. Smith as
the City's Interim Director of Public Works during the recruitment process. Mr. Smith has 28
years of public works experience and is the former Director of Public Works for the City of
C Indio. Mr. Smith will be paid a flat rate of$16,000 per month, with no benefits. The services
provided by Mr. Smith will be required until the hiring of a Director of Public Works, whichever
Updated:9/13/2012 by Teri Baker Page I
2034
comes first.
City Attorney Review:
Suuoortine Documents:
2012-09-17 Resolution First Amendment to Consultant Services Agreement with Urban Futures
(PDF)
UFI 1ST AMENDMENT vl (PDF)
exhibit a-UFI(PDF)
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Updated:9/13/2012 by Teri Baker page 2
t RESOLUTION NO. S
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF c
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FHtST AMENDMENT d
3 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES a
INCORPORATED AND THE CITY OF SAN BERNARDINO FOR CONSULTANT
4 SERVICES. 2
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY vm
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6 OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Acting City Manager of the City of San Bernardino is hereby a
g authorized and directed to execute on behalf of said City a 1"Amendment to Consultant Service a
9 Agreement between Urban Futures Incorporated(UFI) and the City of San Bernardino for
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1 consultant services,a copy of which is attached hereto marked Exhibit"A"and incorporated E
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herein by reference as fully as though set forth at length. a
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13 SECTION 2. The Purchasing Manager is hereby authorized to issue an amended
Purchase Order to Urban Futures Incorporated for consultant services for a total amount not to H
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is exceed$350,000. N
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16 SECTION 3. The authorization granted hereunder shall expire and be void and of no 0
17 further effect if the agreement is not executed by both parties and returned to the Office of the c
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1 g City Clerk within sixty(60)days following the effective date of the Resolution.
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Packet Pg. 319
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT z
2 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND E
THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a
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Common Council of the City of San Bernardino at a meeting thereof, a
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j held on the 17a day of September.2012,by the following vote,to wit: N
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COUNCILMEMBERS: AYES NAPES ABSTAIN ABSENT
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JENKINS a
9 VALDIVIA 7
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SHORETT
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Georgeann Hanna,City Clerk
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The foregoing Resolution is hereby approved of 2012. 0
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i Patrick J.Morris, Mayor a
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Approved as to form: E
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JAMES F.PENMAN,
20 City Attorney LL
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B.C.b i
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC.
THIS FIRST AMENDMENT is made and entered into as of September 17, 2012 by and
between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and URBAN FUTURES,
INC. ("CONSULTANT'). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
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1. This Amendment is made with the respect to the following facts and purposes:
a. On June 4, 2011 the City and Consultant entered into that certain
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agreement entitled "CONSULTANT SERVICES AGREEMENT', in the amount of$150,000.00. ?
b. The parties now desire to increase the payment for services in the
amount of$200,000.00 and amend the Agreement as set forth in this Amendment.
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2. Section 2. Compensation of the Agreement is hereby amended to E
read as follows: m
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City hereby agrees to pay Consultant a sum not to exceed a total of o
$350,000.00 (Three Hundred Fifty Thousand Dollars and no cents). City o
shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. Any terms in Exhibit A other `m
than the payment rates and schedule of payment are null and void. The E
first amendment amount shall not exceed Two Hundred Thousand
Dollars and no Cents ($200,000.00) for additional consulting services for E
a total agreement amount of Three Hundred Fifty Thousand Dollars and a
no cents ($350,000.00). .2
3. Section 3.1. Term of the Agreement is hereby amended to read as follows: o
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This Agreement shall commence on the Effective Date and continue
through June 30, 2013, unless the Agreement is previously terminated as
provided for herein. w
4. Exhibit A to the Agreement is hereby amended by adding thereto the z
items set forth on Attachment "A" to this Amendment, which is attached w
hereto and incorporated herein as though set forth in full. a
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5. Except for the changes specifically set forth herein, all other terms and LL
conditions of the Agreement shall remain in full force and effect. n
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FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written. _
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CITY OF SAN BERNARDINO, CONSULTANT w
A Municipal Corporation a
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Andrea Travis-Miller Michael Busch, President
Acting City Manager
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ATTEST: I
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Georgeann "Gigi" Hanna, City Clerk
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APPROVED AS TO FORM:
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JAMES F. PENMAN, �'
City Attorney Z
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Exhibit A ■� $.�.c
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�.., Fee Schedule
j PROPOSED FEE SCHEDULE:
The following proposed fee structure reflects contract staffing on a fixed fee basis for interim public
works director services and hourly fees for additional financial consulting services. Consulting
hours billed will be based on actual hours worked.
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The fee for these services is on a lump sum basis for the following tasks: "m
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Contract Finance Staff a
The following proposed fee structure reflects full-time staffing inclusive of vacation time, holidays
and lunch breaks. Hours billed will be based on actual hours worked.
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Interim Public Works
Director 16,000 144 100% 0
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Financial Consulting* 225.00 N/A N/A a
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*Costs are based on an as needed basis up to 225.00 per hour. LL
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