HomeMy WebLinkAbout2012-242 1
RESOLUTION NO. 7n17-242
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
4 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
INCORPORATED AND THE CITY OF SAN BERNARDINO FOR RESTRUCTURING
5 AND FISCAL ANALYSIS 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
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execute on behalf of said City a Second Amendment to Consultant Services Agreement
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between Urban Futures Incorporated and the City of San Bernardino for restructuring and fiscal
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12 analysis 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
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Purchase Order to Urban Futures Incorporated for restructuring and fiscal analysis consultant
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17 services for a total amount not to exceed $300,000.
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
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the City Clerk within sixty(60) days following the effective date of the Resolution.
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2012-242
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
2 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
3 INCORPORATED AND THE CITY OF SAN BERNARDINO FOR RESTRUCTURING
AND FISCAL ANALYSIS CONSULTANT SERVICES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
joint regular eetin thereof, held on
6 Common Council of the City of San Bernardino at a meeting
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
15
JOHNSON X
16
17 MCCAMMACK
18 / .�' . !
Georg; Hanna City Clerk
19
20 The foregoing Resolution is hereby approved this a-� day of October , 2012.
21
22 J. Morris, a,.
23 City of San Bernardino
Approved as to
24 form:
25
26 I/ ,�G�v _
27 : ► es F. Penman
Pity Attorney
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2
2012-242
•
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING
RESTRUCTURING AND FISCAL ANALYSIS SERVICES
THIS SECOND 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 restructuring and fiscal analysis 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 for consultant services,
$86,000.00 of said $150,000 was specifically for restructuring and fiscal analysis services.
b. The parties now desire to increase the payment for restructuring and fiscal analysis
services in the amount of$214,000.00 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
$300,000.00 (Three Hundred Thousand Dollars and no cents) for
restructuring and fiscal analysis services. 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
second amendment amount shall not exceed Two Hundred and
Fourteen Thousand Dollars and no Cents ($214,000.00) for additional
consulting services regarding restructuring and fiscal analysis
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, 2014,
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.
2012-242
•
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING
RESTRUCTURING AND FISCAL ANALYSIS 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, CONSULT A NT
A Munic. al Corporation I
t
t ii i , �i�j� nItitthA
i
Andrea Travis-Miller Mic ael Busch, President
Acting City Manager
ATTEST:
Georges "Gigi" Han , City Clerk
APPROVED AS TO FORM:
MES F. PENMAN,
ity Attorney
2012-242
Exhibit A
Urban Futures Incorporated (UFI) is a full-service consulting firm serving public agencies solely
in the State of California. 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, 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.
Exhibit A
Interim Public Restructuring&
Contract dated June 4,2012 Works Director Fiscal Analysis Total
Original authorization 64,000.00 86,000.00 150,000.00
First Amendment-October 1,2012
128,000.00 - 128,000.00
Second Amendment-October 1,2012 214,000.00 214,000.00
192,000.00 300,000.00 49