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HomeMy WebLinkAbout2012-241 1 RESOLUTION NO, 2012-241 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO 4 CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND THE CITY OF SAN BERNARDINO FOR INTERIM PUBLIC 5 WORKS DIRECTOR CONSULTANT SERVICES. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Acting City Manager is hereby authorized and directed to 9 execute on behalf of said City a First Amendment to Consultant Services Agreement between 10 Urban Futures Incorporated and the City of San Bernardino for Interim Public Works Director 11 12 consultant services, a copy of which is attached hereto and marked as Exhibit "A" and 13 incorporated herein by reference as fully as though set forth at length. 14 SECTION 2. The Director of Finance is hereby authorized to issue an amended 15 Purchase Order to Urban Futures Incorporated for Interim Public Works Director consultant 16 services for a total amount not to exceed $179,200. 17 18 SECTION 3. The authorization granted hereunder shall expire and be void and 19 of no further effect if the agreement is not executed by both parties and returned to the Office of 20 the City Clerk within sixty (60) days following the effective date of the Resolution. 21 /// 22 23 /// 24 /1/ 25 /// 26 /// 27 /// 28 1 2012-241 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO 2 CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES 3 INCORPORATED AND THE CITY OF SAN BERNARDINO FOR INTERIM PUBLIC WORKS DIRECTOR CONSULTANT SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a pint regular meeting thereof, held on 7 the 1st day of October , 2012, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 11 JENKINS x 12 VALDIVIA x 13 SHORETT x 14 KELLEY x 15 JOHNSON x 16 17 MCCAMMACK x � 18 ) —r��-- Georg-:nn Hanna,`City Clerk 19 20 The foregoing Resolution is hereby approved this e;' III* day of October , 2012. 21 22 k J. Morris, hry�r� 23 City of San Bernardino Approved as to 24 form: 25 26 27 J. es F. Penman City Attorney 28 2 2012-241 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING INTERIM PUBLIC WORKS DIRECTOR SERVICES THIS FIRST AMENDMENT is made and entered into as of October 1, 2012 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and URBAN FUTURES, INC. ("CONSULTANT") as to Interim Public Works Director services only. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 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 agreement entitled "CONSULTANT SERVICES AGREEMENT", in the amount of$150,000.00, of which $64,000 was estimated specifically for the Interim Public Works Director. b. The parties now desire to increase the payment for Interim Public Works Director services in the amount of$115,200.00 and amend the Agreement as set forth in this Amendment. 2. Section 2. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $179,200.00 (One Hundred Seventy-Nine Thousand Two Hundred Dollars and no cents). City 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 than the payment rates and schedule of payment are null and void. The first amendment amount shall not exceed $115,200.00 (One Hundred Fifteen Thousand Two Hundred Dollars and no Cents) for additional Interim Public Works Director consulting services. 3. Section 3.1. Term of the Agreement is hereby amended to read as follows: This Agreement shall commence on the Effective Date and continue through June 30, 2013, unless the Agreement is previously terminated as provided for herein. 4. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2012-241 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING INTERIM PUBLIC WORKS DIRECTOR SERVICES 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. CITY OF SAN BERNARDINO, CONSULTANT (11 A Municipal Corporation ----O:1161k/i it'/V_AI afim Hu,' Um Andrea Travis-Miller Mi ' ael Busch, President Acting City Manager ATTEST: Georgea ,,1'Gigi" Han F, City Clerk APPROVED AS TO FORM: I' ?, iMES F. PENMAN, ity Attorney 2012-241 Attachment to this First Amendment Exhibit A Interim Public Contract dated June 4,2012 Works Director Original authorization 64,000.00 First Amendment-October 1, 2012 115,200.00 179,200.00 2012-241 ADDENDUM TO FIRST AMENDMENT PER MAYOR AND COMMON COUNCIL APPROVAL ON OCTOBER 1, 2012 TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING INTERIM PUBLIC WORKS DIRECTOR SERVICES At the October 1, 2012 Mayor and Common Council meeting, Resolution 2012-241 was adopted with the provision added in the agreement that the Interim Public Works Director shall report his day to day operations directly to the Acting City Manager, and if there is a conflict between the President of Urban Futures and the Acting City Manager, the Interim Public Works Director will take his direction(s)from the Acting City Manager.