HomeMy WebLinkAbout2013-004 RESOLUTION NO. 2013-4
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD
3 AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN
FUTURES, INC. AND THE CITY OF SAN BERNARDINO REGARDING
4 ACCOUNTING,RESTRUCTURING,AND FISCAL ANALYSIS SERVICES.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager is hereby authorized and directed to execute a Third
9 Amendment to Consultant Services Agreement Between the City of San Bernardino and
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Urban Futures, Inc. for Accounting, Restructuring, and Fiscal Analysis Services, a copy of
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12 which is attached and incorporated herein as Exhibit "A".
13 SECTION 2. The Purchasing Manager is hereby authorized to amend the existing
14 Purchase Order to Urban Futures, Inc. for accounting, restructuring, and fiscal analysis
15 services by increasing the amount by$200,000 for a total amount not to exceed $500,000.
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SECTION 3. The authorization granted herein shall expire and be void and of no
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18 further effect if the Third Amendment is not executed by both parties and returned to the
19 Office of the City Clerk within sixty(60) days following the effective date of this Resolution.
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2013-4
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD
2
AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN
3 FUTURES, INC. AND THE CITY OF SAN BERNARDINO REGARDING
ACCOUNTING,RESTRUCTURING,AND FISCAL ANALYSIS SERVICES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a point adjo}trn-d reg. meeting
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thereof, held on the 10th day of January , 2013, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS x
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VALDIVIA x
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14 SHORETT x
15 KELLEY x
16 JOHNSON x
17 MCCAMMACK x
18 ,
19 C ;4. evitIOL..
20 Geor.('.nn HannP, City Clerk
21 The foregoing Resolution is hereby approved this /f' day of January , 2013.
22 r
A ,111.—
23 P.trick J. orris, Mayor
24 Ci •f S. Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
City A torney
27 By: � -
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2013-4
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND URBAN FUTURES,INC. REGARDING
ACCOUNTING, RESTRUCTURING,AND FISCAL ANALYSIS SERVICES.
THIS THIRD AMENDMENT is made and entered into as of January 10, 2013 by and
between the CITY OF SAN BERNARDINO, a charter city ("City"), and URBAN FUTURES,
INC. ("Consultant') as to accounting, restructuring, and fiscal analysis services only. In
consideration of herein,the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
a. On June 4, 2012, 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. On October 1, 2012, the parties approved the Second Amendment to increase the
payment for restructuring and fiscal analysis services in the amount of
$214,000.00.
c. The parties now desire to modify the Scope of Work and increase the payment for
the accounting, restructuring, and fiscal analysis services in the amount of
$200,000, 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 $500,000 for
accounting, 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. The Third Amendment amount shall not exceed $200,000 for additional
accounting, 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, 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.
2013-4
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND URBAN FUTURES,INC. REGARDING
ACCOUNTING,RESTRUCTURING,AND FISCAL ANALYSIS SERVICES.
5. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement and its previous amendments shall remain in full force and effect.
IN WITNESS THEREOF,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 URBAN FUTURES, INC.
A Municipal Corporation
Andrea Travis-Miller Michael Busch, President
Acting City Manager
ATTEST:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
es F. Penman,
ity Attorney
2013-4
Attachment A
Scope of Work
Accounting Services
The Scope of Services below is broken down into two (2) distinct services: I) Financial
Management / Accounting; and 2) Bankruptcy Implementation Services. The suggested
breakdown of services provides for a logical transition from assignment initiation through
completion.
Financial Management/Accounting Services
1. Fiscal Review to include: revenue/expenditure forecasts, current/future development
projections, local economic forecasts, financial/budget policies and practices, and debt service
analysis;
2. Assist in the development of the FY 2012-13 and FY 2013-14 Budgets;
3. Complete verification of accounting including: FY 2010-2011 and FY 2011-12 Audits and
Bank Reconciliations;
4. Assist in the development of the FY 2011-12 CAFR;
5. Audit financial practices and procedures;
6. Review and implement Cost Allocation Plans, internal service charges; and
7. Implement new financial policies and procedures.
Functional Detail
-Ensuring automated,proof of cash daily
i -Performing bank reconciliations
-Accounts Receivable reconciliation
-Develop and prepare accounts receivable audit schedules
- Capital project budget aligning and securing accounting processes
-Develop workable accounting check points and accurate reporting
-Develop utilization of the accounting fixed asset module
- General Fund Budget review
- FY 13 and FY 14 budget coordination
Bankruptcy Services
1. Update the Pendency Plan and preparation of the Plan of Adjustment;
2. Attend bankruptcy court proceedings &provide expert witness duties as needed; and
3. Assist in the analysis and negotiations with creditors as necessary.
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1 RESOLUTION NO. 2012-95
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT
3 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND
THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Acting City Manager of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City a Consultant Services Agreement
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9 between Urban Futures Incorporated(UFI)and the City of San Bernardino for consultant
10 services,a copy of which is attached hereto marked Exhibit"A"and incorporated herein by
11 reference as frilly as though set forth at length.
12 SECTION 2. The Purchasing Manager is hereby authorized to issue a Purchase Order to
13 Urban Futures Incorporated for consultant services for a total amount not to exceed$200,000.
14 SECTION 3.The authorization granted hereunder shall expire and be void and of no
15 further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within sixty(60)days following the effective date of the Resolution.
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2013-4
2012-95
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT
2 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND
THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof,
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held on the 4th day of dune 2012,by the following vote,to wit:
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
8 MARQUEZ x
JENKINS x
9 VALDIVIA x
to SHORETT x
u KELLEY x
12 'JOHNSON x
MCCAMMACK x
. _ . 13
Georgeann Hanna,City Cl k
15 rt+
The foregoing Resolution is hereby approved this of June 2012.
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17 Patric J.Morris,May
18 San Bernardino
Approved as to form:
19
JAMES F.PENMAN,
20 City Attorney
21 By:
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2012-95
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of .rune 2012
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("CITY"),
and URBAN FUTURES,INC. ("CONSULTANT").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONSULTANT perform the services
described herein below; and
B. WHEREAS, CONSULTANT represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONSULTANT desire to contract for an Interim Public
Works Director and Related Financial Consulting as described in the Scope of Services,attached
hereto as Exhibit"A"; and
D. WHEREAS, no official or employee of CITY has a financial interest,within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall
provide the professional services described in the Scope of Services attached hereto as Exhibit"A"
and incorporated herein by this reference. If a conflict arises between the Scope of Services and
this Professional Services Agreement(hereinafter"Agreement"),the terms of the Agreement shall
govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound professional
practices. CONSULTANT also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise CITY of any changes in any laws that may affect
CONSULTANT's performance of this Agreement. CONSULTANT further represents that no
CITY employee will provide any services under this Agreement.
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1.3. W arranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including,but not limited to,those laws related to minimum hours and wages;occupational health
and safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. CONSULTANT shall indemnify and hold harmless
CITY from and against all claims,demands,payments,suits, actions,proceedings,and judgments
of every nature and description including reasonable attorneys'fees and costs,presented,brought,
or recovered against CITY for, or on account of any liability under any of the above-mentioned
laws,arising from or related to CONSULTANT's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in,nor permit its officers,employees or agents to engage in,discrimination in employment
of persons because of their race,religion,color, national origin,ancestry, age,mental or physical
disability, medical condition, marital status, sexual gender or sexual orientation, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive A rg eement. CONSULTANT acknowledges that CITY may enter
into agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assigtunent. This is a personal service contract,and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at CONSULTANT s
sole cost and expense.
1.7 Conflicts of Interest. During the term of this Agreement,CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of interest
with the CITY.
1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the
term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONSULTANT to practice
its profession, skill or business.
2.0. COMPENSATION AND BILLING
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2.1. Compensation. Interim Public Works Director services shall be compensated at
$16,000 per month for 144 hours per month. Financial Consulting Services shall be compensated
at an hourly rate of$225.00 on an as needed basis. In no event shall the total amount paid to
CONSULTANT exceed$150,000.
2.2. Additional Services. CONSULTANT shall not receive compensation for any
services provided outside the Scope of Services unless the CITY, prior to CONSULTANT
performing the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Llilling. CONSULTANT may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANT s services which have been
completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five
(45) days from the date CITY receives said invoice. The invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order,where applicable, on all invoices.
2.4. . Records and Audits: Records of CONSULTANT's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting principles and ,
shall be made available to CITY for inspection and/or audit at mutually convenient times for a
period of three(3) years from the Effective Date.
3.0. TERM AND NOTIFICATION:
3.1. Term. This Agreement shall commence on the Effective Date and continue
through December 31,2012,unless the Agreement is previously terminated as provided for herein.
3.2 Termination. CITY or CONSULTANT may terminate the services provided
under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In the
event of termination, CONSULTANT shall be paid the reasonable value of services rendered to
the date of termination.
3.3 Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY
within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY.
Any use of uncompleted documents without specific written authorization from CONSULTANT
shall be at CITY's sole risk and without liability or legal expense to CONSULTANT.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and
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maintain during the term of this Agreement all of the following insurance coverages:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors,personal injury with a policy
limit of not less than One Million Dollars($1,000,000,00),combined single
limits,per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:,
(a) Additional insureds: L "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
r with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate,nor shall it be materially changed
or cancelled, nor the coverage reduced, until thirty (30) days after written
notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy."
4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above,in a form
and content approved by CITY,prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement,or the extent to which CONSULTANT
may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior writings
and oral negotiations. This Agreement maybe modified only in writing,and signed by the parties
in interest at the time of such modification. The terms of this Agreement shall prevail over any
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inconsistent provision in any other contract document appurtenant hereto, including exhibits to
this Agreement.
5.2. Notice . Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile
or mail and shall be addressed asset forth below. Such communication shall be deemed served or
delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the
time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in
the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through
regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Urban Futures,Inc. City Manager
3111 North Tustin, Suite 230 300 North"D" Street
Orange, CA 92865 San Bernardino, CA 92418
Telephone: (714)283-9334 Telephone: (909)384-5122
Facsimile: (714)283-8963 Facsimile: (909) 384-5138
5.3. Attomevs' Fees: In the event that litigation is brought by any party in connection
with this Agreement; the prevailing party shall be entitled to recover from the opposing party all .
costs and expenses, including reasonable attorneys' fees,incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof The costs, salary and expenses of the City Attorney: and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
"attorneys'fees" for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County,California.
5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign,
transfer,sublet or encumber all or any part of CONSULTANT's interest in this Agreement without
CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed
by CONSULTANT hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend,
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indemnify and hold harmless CITY and its elected and appointed officials, boards,commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including,but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused
solely by the CITY's negligence.
5.7. IndeeRendent Contractor. CONSULTANT, at all times while performing under
this Agreement,is and shall be acting at all times as an independent contractor and not as an agent
or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any
and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social
Security, State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for CONSULTANT and its officers, agents, and employees, and all business
licenses,if any are required, in connection with the services to.be performed hereunder. Neither
CONSULTANT nor its officers, agents and employees shall,be entitled to receive any benefits
which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations,paid holidays, pension,profit sharing or social security on account of CONSULTANT
and its officers', agents' and employees'work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure: CONSULTANT or its employees maybe subject to
the provisions of the California Political Reform Act of 1974(the "Act"),which(1)requires such
persons to disclose financial interests that may be materially affected by the work performed under
this Agreement, and(2)prohibits such persons from making or participating in making decisions
that will have a foreseeable financial affect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT,when requested,shall furnish clarification and/or
explanation as may be required by the CITY's representative, regarding any services rendered
under this Agreement at no additional cost to CITY. In the event that an error or omission
attributable to CONSULTANT occurs,then CONSULTANT shall,at no cost to CITY,provide all
other CONSULTANT professional services necessary to rectify and correct the matter to the sole
satisfaction of CITY and to participate in any meeting required with regard to the correction.
5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
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5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are
included solely for convenience and are not intended to modify, explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of
this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other-of any of its obligations or agreements shall in no way be deemed a waiver
of those rights to require such performamce or compliance. No waiver of any provision of this
Agreement shall be effective unless,in Writing and signed by a duly authorized representative of
the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event,nor shall any waiver constitute a,continuing waiver.
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason,such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts: This Agreement maybe executed in one or more counterparts,each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. Corporate Authority.The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by doing so,the parties hereto are formally bound to the provisions of this Agreement.
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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
AA Municipal Corporation /J
Andrea Travis-Miller,A Signature (///�__
plio�iQcL '&jScN Td:es d.,, k
Name and Title
ATT T: �nXI
Georgeann"Gigi"Hanna, Ci let
APPROVED AS TO FORM:
JAMES F. PENMAN,
City Attorney
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Submitted By: g
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= URBAN FUTURES Incorporated W
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Urban Futures, Inc. ')
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Corporate Office d
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3111 North Tustin, Suite 230 16
Orange, CA 92865
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Phone: (714) 283-9334 0
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Fax: (714) 283-8963 H
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Northern California Office 0
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1470 Maria Lane, Suite 315 0
Walnut Creek, CA 94596 v
Phone: (925) 478-7450 E
Fax: (925) 478-7967 m
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www.urbanfuturesinc.com w
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® URBAN FUTURES Incorporated
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May 14,2012
Jason Simpson
Finance Director 0
City of San Bernardino
300 North"D"Street m
San Bernardino, CA 92418
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Subject: Proposal for Interim Public Works Director and Related Financial Consulting Services
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Dear Mr. Simpson:
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Urban Futures Inc. (UFI) is pleased to submit this proposal to provide interim public works director staffing d
and consulting services. As a full service municipal consulting firm, UFI possesses the knowledge, staff, E
and successful track record in providing the specific services required by the City of San Bemardino. Few m
firms are able to provide the variety of services offered by UFI, while simultaneously ensuring the highest Q
quality product at the lowest possible cost to the City. 8
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We look forward to the opportunity to work the City of San Bemardino. If you have any questions, please a
contact me at(714)283-9334 or MichaelB @UrbanFutureslnc.com.
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Sincerely,
URBAN FUTURES INCORPORATED
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Michael Busch
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President&Chief Operating Officer o
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3111 N.Tustin, Suite 230 Orange,CA 92865-1753 1 (714)283-9334 Business 1 (714)283-5465 FAX
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Table of Contents z
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Section1 —Company Background................................................................................................................2 `o
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Section2—Core Services.............................................................................................................................3
Section 3—Proposed Scope of Services.......................................................................................................4
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Section4—Fee Schedule..............................................................................................................................7
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Company Background
Urban Futures, Inc. (UFI) is a full service consulting firm serving public agencies solely in the State of
California. Founded in 1972, UFI is a closely held California corporation with offices in the cities of Orange 0
and Walnut Creek, California.
Since our founding, UFI has served over 200 governmental entities in various capacities including,financial
& management advisor, redevelopment consultant and interim staffing. We have helped many California
public agencies serve local businesses and residents by working to create sound fiscal policies and
management practices. LL
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Here is what we believe UFI "brings to the table":
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• Extensive knowledge of the municipal operations and in depth knowledge of current trends; 3
• A team of professionals with a combined 150+years of municipal management experience; d
• Analytic sophistication that fosters a multi-disciplinary approach to problem solving regardless of E
project size or type; and
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• Continuity of service; UFI is small enough so that there is never a break in the client/professional o
network, yet large enough to offer a full range of services.
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Our greatest strength lies in the fact that our firm can provide a well-diversified approached to service r
delivery through a comprehensive community, organization and sound management strategy. This w
combination enables UFI to develop and implement an innovative and community oriented strategy to
providing management advisory and interim staffing services.
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Core Services 2
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UFI offers public clients a wide range of specialized services including finance, investment advisory
services, management consulting and interim staffing services, Our core lines of business include the
following: 0
Financial Advisory Services Interim I Project Management Staffing
Investment Advisory Services Management Advisory &Administration
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Project Feasibility Studies Organizational Studies
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Urban Futures employs 25 individuals including 13 professionals and 12 paraprofessional and support staff
The firm has two offices, with the main office in the City of Orange and a Northern California Location in the
City of Walnut Creek. The proposed work for this proposal will be conducted out of the Orange office.
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Our staff has served public agencies in many different capacities, We understand that each agency faces d
different circumstances and we acknowledge each as an independent organization with unique goals and E
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objectives. Our services have included providing interim staffing, conducting budget analysis, `o
recommending revenue diversification strategies, and creating fiscal policies for agencies to adopt. a
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Our public finance and management advisory divisions are able to draw on the expertise of our staff to
produce excellent results. Because of our diversity, our staff has been called upon to advise public a
agencies in many different capacities. We believe our proposed staff, which includes a former municipal x
public works director and city engineer, has the best qualifications to serve the City of San Bernardino.
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Proposed Scope of Services
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Urban Futures Inc. is pleased to submit this proposal to the City of San Bernardino to provide interim public
works director staffing and related financial consulting services. We understand that the City is seeking u
interim professional expertise in all areas of the City's operation including engineering, public works, project
management and development review functions.
As this proposal will demonstrate, Urban Futures has been a recognized leader in providing high quality
finance and administrative consultingfinterim staffing services to public agencies throughout California.
Although we're best known over the years for our creative financial advisory practice, our multi-disciplinary LL
approach makes Urban Futures a valuable member of any team on any level.
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We are committed to initiating, facilitating, and maintaining open, collaborative communication with all r
parties. Urban Future's approach is characterized by the following:
• CURIOSITY-Asking the right questions and engaging the right people E
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• CLARITY- Being proactive in identifying issues, opportunities, and solutions
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• CREATIVITY - Being an advocate for comprehensive solutions and being flexible with c
alternatives and choices
• CONFIDENCE- Ensuring thorough,frequent, and regular communication a
Our team will work hard to meet the needs of the City of San Bernardino and to help you achieve all of your w
community goals y
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Given the nature of this engagement, UFI proposes to assemble a project team based on San Bernardino's v
unique needs. Michael Busch will provide overall direction and expert guidance for the project while w
providing financial consulting services to the City. The professional we are offering as interim public works
director is Jim Smith.
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Working in conjunction with the City's executive and public works staff, Urban Futures is prepared to 2
engage its full team and resources to the effective and efficient implementation of services necessary to 0
improve the City's long term operational and fiscal health. v
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To implement the proposed services for the City of San Bernardino, Urban Futures is recommending the $
following responsibilifies to manage and facilitate financial and public works functions on the behalf of the a
City: 0
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■! Scope of Services
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Interim Public Works Director
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As proposed, the role of Urban Futures in this engagement is to establish, direct, plan, supervise and
organize the City's short and long-range development and capital project systems by creating and
analyzing fiscal impacts of development activities and capital funded programs. In addition, under this
engagement Urban Futures will manage the City's developer and bond funded capital projects and y
programs and assist in the negotiate of developer agreements. Specific responsibilities of this position
include: LL
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Under policy direction from the City Manager, plans, organizes, directs and integrates the City's public M
works and utilities activities and functions; provides expert professional assistance to City management in t
areas of expertise, including engineering, municipal water, wastewater collection, and street and landscape 3
maintenance; and performs related duties as required. 0
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Plans, organizes, controls, integrates and evaluates the work of the Public Works Department; develops, `o
implements and monitors long-term plans, goals and objectives focused on achieving the City's mission a
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and Council priorities; directs the development of and monitors performance against the annual department
budget; manages and directs the development, implementation and evaluation of plans, policies, systems a
and procedures to achieve annual goals,objectives and work standards.
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Plans, organizes, directs and evaluates the performance of assigned staff; establishes performance N
requirements and personal development targets; regularly monitors performance and provides coaching for
performance improvement and development; makes decisions on compensation and other rewards to N
recognize performance; takes disciplinary action, up to and including termination, to address performance
deficiencies, in accordance with the City's personnel rules and policies.
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Provides leadership and works with department staff to develop and retain highly competent, customer m
service-oriented staff through selection, compensation, training and day-today management practices
which support the City's mission and values. v
Integrates and directs the efforts and results of supervisors and staff engaged in the maintenance and o
repair of the City's public works,water distribution and wastewater collection system infrastructure. a
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Advises the City Council, City Manager, citizen groups, individuals, contractors and others on depart-
mental issues; assembles necessary resources to solve a broad range of programmatic and service
delivery problems in the delivery of public works and utilities services; assists in the preparation of new City m
ordinances and the revision of existing ordinances.
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Coordinates, reviews and approves the work of the City's contract City Engineer and a wide variety of
independent service providers, including traffic engineers, rubbish collectors, public works maintenance r
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and construction contractors, public utilities maintenance and construction contractors; landscape
architects and landscaping contractors,tree maintenance contractors and others. v
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Monitors developments related to public works and utilities matters, evaluates their impact on City A
operations, and implements policy and procedure improvements.
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Represents the City in negotiations with other agencies, utilities, groups and individuals on a wide variety of
issues pertaining to public works and public utilites.
Develops specifications and bid documents for a variety of public works and public utilities-related designs,
construction and maintenance projects; recommends contract awards, negotiates contract provisions and
coordinates, reviews and approves contractor's performance. LL
Reviews and advises on development plans and permits for work in City rights-of-way, M
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Fee Schedule z
PROPOSED FEE SCHEDULE:
The following proposed fee structure reflects contract staffing on a fixed fee basis for interim public o
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:
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Contract Finance Staff
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The following proposed fee structure reflects full-time staffing inclusive of vacation time, holidays a
and lunch breaks. Hours billed will be based on actual hours worked.
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Interim Public Works
Director 100% °
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Financial Consulting" NIA m
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'Costs are based on an as needed basis.
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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.
2013-4
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
A Municipal Corporation
Andrea Travis-Miller Michael Busch, President
Acting City Manager
ATTEST:
G 'Gigi" Han6d, City Clerk
APPROVED AS TO FORM:
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6MES F. PENMAN,
J
ty Attorney
2013-4
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
2013-4
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.
2013-4
Joint Regular Meeting Summary October 1, 2012
7C. Council Office
Discussion and Possible Action Re: Request for Proposals for Franchising of All
Components of the City's Solid Waste Services. [Ward(s): Ali]
No Action Taken
Motion: Direct the City Manager to Issue "Request for Proposals for Solid Waste
Collection, Receiving, Processing, Transfer and Disposal Services"
Forthwith Including the Approval and Implementation of the Timeline
Discussed in the StaffRepon.
Approved
Motion: Continue the matter to October 15, 2012.
7D. Council Office
Creation of Quality of Life Ad Hoe Committee [Ward(s): All]
No Action Taken
Motion: Discussion and Possible Action of creating a Quality of Life Ad Hoc
Committee.
Approved
Motion: Continue the matter to October 15, 2012.
7F,. Finance
Receive and File the City of San Bernardino Cash Flow Position Report as of September
26, 2012 [Ward(s): N/A]
Consensus
Motion: Receive and File Report and Information.
7F. Finance
RE& 2012-241 - 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 Regarding Interim Public Works Director [Ward(s): All]
Approved
Motion: Adopt the Resolution; and add a provision 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.
Sfayor and Conwmrt Council of the City of51m Bernardino Pone 5 PrOned 1010212012
2013-4
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.
2013-4
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, CONSULTANT
A Munj ipal Corporation
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Andrea Travis-Miller Mich I Busch, President
Acting City Manager
ATTEST:
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Georgea Gigi" Hanka, City Clerk
APPROVED AS TO FORM:
MES F. PENMAN,
ity Attorney
2013-4
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 Analysts Total
Original authorization 6000.00 86,000.00 150,0007
First Amendment-October 1,2012 128,000.00 - 1281000.00
Second Amendment-October 1,2012 214,000.00 214,000.00
19500.00 300,000.00 492,000.00
2013-4
4
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING
ACCOUNTING, RESTRUCTURING, AND FISCAL ANALYSIS SERVICES.
THIS THIRD AMENDMENT is made and entered into as of January 10, 2013 by and
between the CITY OF SAN BERNARDINO, a charter city ("City"), and URBAN FUTURES,
INC. ("Consultant") as to accounting, restructuring, and fiscal analysis services only. In
consideration of herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
a. On June 4, 2012, 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. On October 1, 2012, the parties approved the Second Amendment to increase the
payment for restructuring and fiscal analysis services in the amount of
$214,000.00.
c. The parties now desire to modify the Scope of Work and increase the payment for
the accounting, restructuring, and fiscal analysis services in the amount of
$200,000, 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 $500,000 for
accounting, 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. The Third Amendment amount shall not exceed $200,000 for additional
accounting, 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, 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.
2013-4
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING
ACCOUNTING, RESTRUCTURING,AND FISCAL ANALYSIS SERVICES.
5. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement and its previous amendments shall remain in full force and effect.
IN WITNESS THEREOF,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 U' : •N F . w URES .
A Municipal Corporation
! : " ,isi / - f„i ,, 1 -
0,./ICklif: ii j, '-'. 4`A\ :e''' //hi ii,tis■3 1 4
Andrea Travis-Miller M hael Busch, President
Acting City Manager
ATTEST:
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cy 14. L
Georgeaf�il Hanna, City Clerk
APPROVED AS TO FORM:
/ /
I mes F. Penman,
-
ity Attorney
2013-4
Attachment A
Scope of Work
Accounting Services
The Scope of Services below is broken down into two (2) distinct services: 1) Financial
Management / Accounting; and 2) Bankruptcy Implementation Services. The suggested
breakdown of services provides for a logical transition from assignment initiation through
completion.
Financial Management/Accounting Services
1. Fiscal Review to include: revenue/expenditure forecasts, current/future development
projections, local economic forecasts, financial/budget policies and practices, and debt service
analysis;
2. Assist in the development of the FY 2012-13 and FY 2013-14 Budgets;
3. Complete verification of accounting including: FY 2010-2011 and FY 2011-12 Audits and
Bank Reconciliations;
4. Assist in the development of the FY 2011-12 CAFR;
5. Audit financial practices and procedures;
6. Review and implement Cost Allocation Plans, internal service charges; and
7. Implement new financial policies and procedures.
Functional Detail
- Ensuring automated, proof of cash daily
- Performing bank reconciliations
- Accounts Receivable reconciliation
- Develop and prepare accounts receivable audit schedules
- Capital project budget aligning and securing accounting processes
- Develop workable accounting check points and accurate reporting
-Develop utilization of the accounting fixed asset module
- General Fund Budget review
- FY 13 and FY 14 budget coordination
Bankruptcy Services
1. Update the Pendency Plan and preparation of the Plan of Adjustment;
2. Attend bankruptcy court proceedings &provide expert witness duties as needed; and
3. Assist in the analysis and negotiations with creditors as necessary.
2013-4
1 RESOLUTION NO. 2012-95
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT
3 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND
THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5
OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Acting City Manager of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City a Consultant Services Agreement
8
9 between Urban Futures Incorporated(UFI)and the City of San Bernardino for consultant
10 services,a copy of which is attached hereto marked Exhibit"A" and incorporated herein by
1 reference as fully as though set forth at length.
12 SECTION 2. The Purchasing Manager is hereby authorized to issue a Purchase Order to
13 Urban Futures Incorporated for consultant services for a total amount not to exceed$200,000.
14 SECTION 3.The authorization granted hereunder shall expire and be void and of no
15 further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within sixty(60)days following the effective date of the Resolution.
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1
2013-4
2012-95
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT
2 SERVICES AGREEMENT BETWEEN URBAN FUTURES INCORPORATED AND
THE CITY OF SAN BERNARDINO FOR CONSULTANT SERVICES.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a i oint regular meeting thereof,
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held on the 4th day of June ,2012,by the following vote, to wit:
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
7
8 MARQUEZ X
JENKINS X
9 VALDIVIA x
10 SHORETT x
11 KELLEY
12 JOHNSON X
MC CAMMACK x
13
14 cha.
Georgeann Hanna,City C1fk
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The foregoing Resolution is hereby approved this 4' of June ,2012.
16 _
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Patric., J. Morris,May• --�
18 • 'San Bernardino
Approved as to form:
19
JAMES F. PENMAN,
20 City Attorney
21 By: 7/964-+-...4._
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of June , 2012
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("CITY"),
and URBAN FUTURES,INC. ("CONSULTANT").
WITNESSETH :
A. WHEREAS, CITY proposes to have CONSULTANT perform the services
described herein below; and
B. WHEREAS, CONSULTANT represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, CITY and CONSULTANT desire to contract for an Interim Public
Works Director and Related Financial Consulting as described in the Scope of Services,attached
hereto as Exhibit"A"; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall
provide the professional services described in the Scope of Services attached hereto as Exhibit"A"
and incorporated herein by this reference. If a conflict arises between the Scope of Services and
this Professional Services Agreement(hereinafter"Agreement"),the terms of the Agreement shall
govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound professional
practices. CONSULTANT also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise CITY of any changes in any laws that may affect
CONSULTANT's performance of this Agreement. CONSULTANT further represents that no
CITY employee will provide any services under this Agreement.
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1.3. Warranty. CONSULTANT warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including,but not limited to,those laws related to minimum hours and wages;occupational health
and safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. CONSULTANT shall indemnify and hold harmless
CITY from and against all claims,demands,payments,suits, actions,proceedings,and judgments
of every nature and description including reasonable attorneys'fees and costs,presented,brought,
or recovered against CITY for, or on account of any liability under any of the above-mentioned
laws,arising from or related to CONSULTANT's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not
engage in,nor permit its officers,employees or agents to engage in,discrimination in employment
of persons because of their race,religion,color,national origin, ancestry, age, mental or physical
disability, medical condition, marital status, sexual gender or sexual orientation, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter
into agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract,and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may
employ other personnel to perform services contemplated by this Agreement at CONSULTANT's
sole cost and expense.
1.7 Conflicts of Interest. During the term of this Agreement,CONSULTANT shall at
all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
payment from or employment with any person or entity which will constitute a conflict of interest
with the CITY.
1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the
term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required of CONSULTANT to practice
its profession,skill or business.
2.0. COMPENSATION AND BILLING
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2.1. Compensation. Interim Public Works Director services shall be compensated at
$16,000 per month for 144 hours per month. Financial Consulting Services shall be compensated
at an hourly rate of$225.00 on an as needed basis. In no event shall the total amount paid to
CONSULTANT exceed$150,000.
2.2. Additional Services. CONSULTANT shall not receive compensation for any
services provided outside the Scope of Services unless the CITY, prior to CONSULTANT
performing the additional services,approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval.
Said invoice shall be based on the total of all CONSULTANT's services which have been
completed to CITY's sole satisfaction.CITY shall pay CONSULTANT's invoice within forty-five
(45) days from the date CITY receives said invoice. The invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order,where applicable, on all invoices.
2.4. Records and Audits. Records of CONSULTANT's services relating to this
Agreement shall be-maintained in accordance with generally recognized accounting principles and
shall be made available to CITY for inspection and/or audit at mutually convenient times for a
period of three(3)years from the Effective Date.
3.0. TERM AND NOTIFICATION.
3.1. Term. This Agreement shall commence on the Effective Date and continue
through December 31,2012,unless the Agreement is previously terminated as provided for herein.
3.2 Termination. CITY or CONSULTANT may terminate the services provided
under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In the
event of termination, CONSULTANT shall be paid the reasonable value of services rendered to
the date of termination.
3.3 Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY
within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY.
Any use of uncompleted documents without specific written authorization from CONSULTANT
shall be at CITY's sole risk and without liability or legal expense to CONSULTANT.
4.0. INSURANCE
4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and
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maintain during the term of this Agreement all of the following insurance coverages:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors,personal injury with a policy
limit of not less than One Million Dollars($1,000,000.00),combined single
limits,per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
(c) Workers'compensation insurance as required by the State of California.
4.2. Endorsements. The commercial general liability insurance policy shall contain or
be endorsed to contain the following provisions:.
(a) Additional insureds: "The City. of.San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) :Notice: "Said policy shall not terminate,nor shall it be materially changed
or cancelled, nor the coverage reduced, until thirty (30) days after written
notice is given to City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy."
4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described above,in a form
and content approved by CITY,prior to performing any services under this Agreement.
4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement,or the extent to which CONSULTANT
may be held responsible for payments of damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior writings
and oral negotiations. This Agreement may be modified only in writing,and signed by the parties
in interest at the time of such modification. The terms of this Agreement shall prevail over any
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inconsistent provision in any other contract document appurtenant hereto, including exhibits to
this Agreement.
5.2. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile
or mail and shall be addressed as set forth below. Such communication shall be deemed served or
delivered: a) at the time of delivery if such communication is sent by personal delivery;b) at the
time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in
the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through
regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Urban Futures,Inc. City Manager
3111 North Tustin, Suite 230 300 North"D"Street
Orange, CA 92865 San Bernardino, CA 92418
Telephone: (714)283-9334 Telephone: (909)384-5122
Facsimile: (714)283-8963 Facsimile: (909) 384-5138
5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement; the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees,incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney, and
members of his office in enforcing this contract on behalf of the CITY shall be considered as
"attorneys'fees"for the purposes of this Agreement.
5.4. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County,California.
5.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign,
transfer,sublet or encumber all or any part of CONSULTANT's interest in this Agreement without
CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed
by CONSULTANT hereunder for the term of this Agreement.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend,
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indemnify and hold harmless CITY and its elected and appointed officials, boards,commissions,
officers, attorneys, agents and employees from any and all claims, losses, demands, suits,
administrative actions, penalties, liabilities and expenses, including reasonable attorney fees,
damage to property or injuries to or death of any person or persons or damages of any nature
including,but not limited to, all civil claims or workers' compensation claims arising from or in
any way related to CONSULTANT's performance under this Agreement, except when caused
solely by the CITY's negligence.
5.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement,is and shall be acting at all times as an independent contractor and not as an agent
or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any
and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social
Security, State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for CONSULTANT and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder. Neither
CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits
which employees of CITY are entitled to receive and shall not be entitled to workers'
compensation insurance, unemployment compensation, medical insurance, life insurance, paid
vacations,paid holidays, pension,profit sharing or social security on account of CONSULTANT •
and its officers', agents'and employees'work for the CITY. This Agreement does not create the
relationship of agent, servant, employee partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure:CONSULTANT or its employees may be subject to
the provisions of the California Political Reform Act of 1974(the "Act"),which(1)requires such
persons to disclose financial interests that may be materially affected by the work performed under
this Agreement, and(2)prohibits such persons from making or participating in making decisions
that will have a foreseeable financial affect on such interest.
CONSULTANT shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for termination of the Agreement by CITY.
5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and
results under this Agreement. CONSULTANT,when requested,shall furnish clarification and/or
explanation as may be required by the CITY's representative, regarding any services rendered
under this Agreement at no additional cost to CITY. In the event that an error or omission
attributable to CONSULTANT occurs,then CONSULTANT shall,at no cost to CITY,provide all
other CONSULTANT professional services necessary to rectify and correct the matter to the sole
satisfaction of CITY and to participate in any meeting required with regard to the correction.
5.10. Prohibited Employment. CONSULTANT shall not employ any current employee
of CITY to perform the work under this Agreement while this Agreement is in effect.
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5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
5.13. Headings Paragraphs and subparagraph headings contained in this Agreement are
included solely for convenience and are not intended to modify,explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of
this Agreement.
5.14. Amendments. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
5.15. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver
of those rights to require such performance or compliance. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of
the party against whom enforcement of.a.waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver,
5.16. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable for any reason,such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
5.17. Counterparts: This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
5.18. Corporate Authority.The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by doing so,the parties hereto are formally bound to the provisions of this Agreement.
///
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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
A Municipal Corporation
LiAll. 14 44r� l�l AILA °(!' �..5
Andrea Travis-Miller,Acting City Manager Signature
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Name and Title
ATT T:
L Aouneh
Georgeann"Gigi"Hanna, City-Cler
APPROVED AS TO FORM:
JAMES F.PENMAN,
City Attorney
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City of San Bernardino
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Proposal to Provide Interim Public Works o
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Proposal to Provide Interim Public Works Director and
Related Financial Consulting Services
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Submitted By:
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Phone: (714) 283-9334 c0
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Northern California Office
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I URBAN FUTURES J Incorporated
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May 14, 2012
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Jason Simpson y
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San Bernardino, CA 92418
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Subject: Proposal for Interim Public Works Director and Related Financial Consulting Services
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Dear Mr. Simpson:
Urban Futures Inc. (UFI) is pleased to submit this proposal to provide interim public works director staffing
and consulting services. As a full service municipal consulting firm, UFI possesses the knowledge, staff,
and successful track record in providing the specific services required by the City of San Bernardino. Few
firms are able to provide the variety of services offered by UFI, while simultaneously ensuring the highest
quality product at the lowest possible cost to the City.
We look forward to the opportunity to work the City of San Bernardino. if you have any questions, please
contact me at(714)283-9334 or MichaelB @UrbanFutureslnc,com.
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URBAN FUTURES INCORPORATED E
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President& Chief Operating Officer
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Table of Contents
Section 1 —Company Background 2 c
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Section 2—Core Services 3
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Section 3—Proposed Scope of Services 4
Section 4—Fee Schedule 7
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Company Background y
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Urban Futures, Inc. (UFI) is a full service consulting firm serving public agencies solely in the State of
California. Founded in 1972, UFI is a closely held California corporation with offices in the cities of Orange 0
and Walnut Creek, California.
Since our founding, UFI has served over 200 governmental entities in various capacities including, financial
& management advisor, redevelopment consultant and interim staffing. We have helped many California
public agencies serve local businesses and residents by working to create sound fiscal policies and
management practices.
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Here is what we believe UFI "brings to the table":
• Extensive knowledge of the municipal operations and in depth knowledge of current trends;
• A team of professionals with a combined 150+years of municipal management experience; c
• Analytic sophistication that fosters a multi-disciplinary approach to problem solving regardless of
project size or type; and
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Continuity of service; UFI is small enough so that there is never a break in the client/professional
network, yet large enough to offer a full range of services.
Our greatest strength lies in the fact that our firm can provide a well-diversified approached to service a
delivery through a comprehensive community, organization and sound management strategy. This
combination enables UFI to develop and implement an innovative and community oriented strategy to
providing management advisory and interim staffing services, d
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Core Services 2
UFI offers public clients a wide range of specialized services including finance, investment advisory
services, management consulting and interim staffing services. Our core lines of business include the
following:
Financial Advisory Services Interim/Project Management Staffing o
Investment Advisory Services Management Advisory&Administration --
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Project Feasibility Studies Organizational Studies
Urban Futures employs 25 individuals including 13 professionals and 12 paraprofessional and support staff.
The firm has two offices, with the main office in the City of Orange and a Northern California Location in the
City of Walnut Creek. The proposed work for this proposal will be conducted out of the Orange office.
Our staff has served public agencies in many different capacities. We understand that each agency faces
different circumstances and we acknowledge each as an independent organization with unique goals and
objectives. Our services have included providing interim staffing, conducting budget analysis, i
recommending revenue diversification strategies, and creating fiscal policies for agencies to adopt.
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Our public finance and management advisory divisions are able to draw on the expertise of our staff to
produce excellent results. Because of our diversity, our staff has been called upon to advise public
agencies in many different capacities. We believe our proposed staff, which includes a former municipal
public works director and city engineer, has the best qualifications to serve the City of San Bernardino.
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Proposed Scope of Services 3 0
Urban Futures Inc. is pleased to submit this proposal to the City of San Bernardino to provide interim public y
works director staffing and related financial consulting services. We understand that the City is seeking
interim professional expertise in all areas of the City's operation including engineering, public works, project
management and development review functions. co
As this proposal will demonstrate, Urban Futures has been a recognized leader in providing high quality
finance and administrative consulting/interim staffing services to public agencies throughout California.
Although we're best known over the years for our creative financial advisory practice, our multi-disciplinary
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pproach makes Urban Futures a valuable member of any team on any level.
We are committed to initiating, facilitating, and maintaining open, collaborative communication with all
parties. Urban Future's approach is characterized by the following:
• CURIOSITY-Asking the right questions and engaging the right people
• CLARITY- Being proactive in identifying issues, opportunities, and solutions
• CREATIVITY - Being an advocate for comprehensive solutions and being flexible with
alternatives and choices
• CONFIDENCE- Ensuring thorough, frequent, and regular communication
Our team will work hard to meet the needs of the City of San Bernardino and to help you achieve all of your
community goals
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Given the nature of this engagement, UFI proposes to assemble a project team based on San Bernardino's
unique needs. Michael Busch will provide overall direction and expert guidance for the project while
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providing financial consulting services to the City. The professional we are offering as interim public works
director is Jim Smith.
Working in conjunction with the City's executive and public works staff, Urban Futures is prepared to a
engage its full team and resources to the effective and efficient implementation of services necessary to 12
improve the City's long term operational and fiscal health. °
To implement the proposed services for the City of San Bernardino, Urban Futures is recommending the c
following responsibilities to manage and facilitate financial and public works functions on the behalf of the `
City: a
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Scope of Services
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Interim Public Works Director
As proposed, the role of Urban Futures in this engagement is to establish, direct, plan, supervise and 0
organize the City's short and long-range development and capital project systems by creating and
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analyzing fiscal impacts of development activities and capital funded programs. In addition, under this co
engagement Urban Futures will manage the City's developer and bond funded capital projects and .,
programs and assist in the negotiate of developer agreements. Specific responsibilities of this position
include:
Under policy direction from the City Manager, plans, organizes, directs and integrates the City's public .Q
works and utilities activities and functions; provides expert professional assistance to City management in t
areas of expertise, including engineering, municipal water, wastewater collection, and street and landscape 3
maintenance; and performs related duties as required.
Plans, organizes, controls, integrates and evaluates the work of the Public Works Department; develops, co
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implements and monitors long-term plans, goals and objectives focused on achieving the City's mission
and Council priorities; directs the development of and monitors performance against the annual department
budget; manages and directs the development, implementation and evaluation of plans, policies, systems
and procedures to achieve annual goals, objectives and work standards. a
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Plans, organizes, directs and evaluates the performance of assigned staff; establishes performance
requirements and personal development targets; regularly monitors performance and provides coaching for
performance improvement and development; makes decisions on compensation and other rewards to co
recognize performance; takes disciplinary action, up to and including termination, to address performance o,
deficiencies, in accordance with the City's personnel rules and policies.
Provides leadership and works with department staff to develop and retain highly competent, customer
service-oriented staff through selection, compensation, training and day-to-day management practices
which support the City's mission and values. o
Integrates and directs the efforts and results of supervisors and staff engaged in the maintenance and o
repair of the City's public works, water distribution and wastewater collection system infrastructure.
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Advises the City Council, City Manager, citizen groups, individuals, contractors and others on depart-
mental issues; assembles necessary resources to solve a broad range of programmatic and service
delivery problems in the delivery of public works and utilities services; assists in the preparation of new City d
ordinances and the revision of existing ordinances. m
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Coordinates, reviews and approves the work of the City's contract City Engineer and a wide variety of
independent service providers, including traffic engineers, rubbish collectors, public works maintenance
-5-
2013-4
and construction contractors, public utilities maintenance and construction contractors; landscape
architects and landscaping contractors, tree maintenance contractors and others. .E
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Monitors developments related to public works and utilities matters, evaluates their impact on City
operations, and implements policy and procedure improvements.
Represents the City in negotiations with other agencies, utilities, groups and individuals on a wide variety of
issues pertaining to public works and public utilities.
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Develops specifications and bid documents for a variety of public works and public utilities-related designs,
construction and maintenance projects; recommends contract awards, negotiates contract provisions and °1
coordinates, reviews and approves contractor's performance.
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Reviews and advises on development plans and permits for work in City rights-of-way. -0
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2013-4
Fee Schedule 4 CD
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 o
hours billed will be based on actual hours worked.
The fee for these services is on a lump sum basis for the following tasks:
Contract Finance Staff
u.
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.
as
Interim Public Works
Director :16000 ` 144 100% S
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Financial Consulting* 225.00 N/A N/A
*Costs are based on an as needed basis. tJ
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2013-4
• 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.
2013-4
•
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
A Municipal Corporation
Ai kft. Ai 64,
Andrea Travis-Miller Michael Busch, President
Acting City Manager
ATTEST:
Geo gea Han i ', City Clerk
APPROVED AS TO FORM:
■ ,
e itES F. PENMAN,
y Attorney
2013-4
•
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
• 2013-4
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.
2013-4
Joint Regular Meeting Summary October 1, 2012
7C. Council Office
Discussion and Possible Action Re: Request for Proposals for Franchising of All
Components of the City's Solid Waste Services. (Ward(s):All[
No Action Taken
Motion: Direct the City Manager to Issue "'Request for Proposals for Solid Waste
Collection, Receiving, Processing, Transfer and Disposal Services"
Forthwith Including the Approval and Implementation of the Timeline
Discussed in the Staff Report.
Approved
Motion: Continue the matter to October 15, 2012.
70. Council Office
Creation of Quality of Life Ad Hoc Committee [Ward(s): All)
No Action Taken
Motion: Discussion and Possible Action of creating a Quality of Life Ad Hoc
Committee.
Approved
Motion: Continue the matter to October 15, 2012.
7E. Finance
Receive and File the City of San Bernardino Cash Flow Position Report as of September
26, 2412 [Ward(s): NIA]
Consensus
Motion: Receive and File Report and Information.
7F. Finance
RES. 2012-241 - 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 Regarding Interim Public Works Director[Ward(s): All)
Approved
Motion: Adopt the Resolution; and add a provision 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.
Muyor and Common Council of the City of San Bernardino Page 5
Pruned 1010212012
2013-4
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.
2013-4
or, • 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, CONSULTANT
A Mun' ipal Corporation
. i;At, . / ; _/ : .ti At I 1 '
Andrea Travis-Miller Mich 1-I Busch, President
Acting City Manager
ATTEST:
Georgea "Gigi" Han , City Clerk
APPROVED AS TO FORM:
A`-%-"■
MES F. PENMAN,
ity Attorney
• 2013-4
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
192,000.00 300,000.00 492,000.00