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HomeMy WebLinkAbout07.F- Finance RESOLUTION (ID#2046) DOC ID: 2046 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Jason Simpson M/CC Meeting Date: 10/01/2012 Prepared by: Jason Simpson, Dept: Finance Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a First Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Consultant Services Regarding Interim Public Works Director Financial Impact: Account Numbers: 001-090-0053-5502; 001-400-0025-5502; 001-400-0088-5505 Total Amount of First Amendment Not to Exceed: $115,200 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. ^ Synopsis of Previous Council Action: On June 4, 2012, an agreement with Urban Futures Incorporated(UFI)was approved by the City Council to provide Interim Public Works Director to the City in an amount of $150,000, of which$64,000 was estimated for Interim PW Director services. Back round• Urban Futures Incorporated(UFI)is a full-service consulting firm serving public agencies solely in the State of California. UFI has proposed to continue to provide the City with Interim Director of Public Works services since the City has been unable to fill the position with a permanent position as of this date. The services of an Interim Public Works Director will be required until the hiring of a permanent Director of Public Works. All of his duties will remain consistent with the original scope of work. Staff recommends that UFI continue to provide consultant services through James L. Smith as the City's Interim Director of Public Works during the recruitment process. Mr. Smith has 28 years of public works experience and is the former Director of Public Works for the City of Indio. This position has been funded at a flat rate of $16,000 per month, with no benefits, however, UFI has modified their amount from $16,000 per month to $14,400, reflective of a 10% concession consistent with measures taken by the City employees to assist the City during its financial challenges. This will reduce the annualized costs further from $192,000 to $179,200. City Attorney Review: Supportin¢Documents: UFI FIRST AMENDMENT Interim PW Director (PDF) Updated:9/27/2012 by Georgeann"Gigi"Hanna C Packet Pg. 84 7.F 2046 reso 2046 (PDF) Updated:9/27/2012 by Georgeann"Gigi"Hanna C Packet Pg. 85 , 7.F.a FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING N 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: c d 1. This Amendment is made with the respect to the following facts and purposes: E v rn a. On June 4, 2011 the City and Consultant entered into that certain agreement entitled a "CONSULTANT SERVICES AGREEMENT", in the amount of$150,000.00, of which $64,000 u was estimated specifically for the Interim Public Works Director. i m 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. ' N 0 O 2. Section 2. Compensation of the Agreement is hereby amended to read as follows: U 0 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 d pursuant to this Agreement at the time and in the manner set forth E herein. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. The first amendment amount LL shall not exceed $115,200.00 (One Hundred Fifteen Thousand Two Hundred Dollars and no Cents) for additional Interim Public Works o Director consulting services. 0 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 a as provided for herein. E 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 z set forth in full. w ° 5. Except for the changes specifically set forth herein, all other terms and conditions of the w Agreement shall remain in full force and effect. a ° LL LL 7 C d E S U Q Packet Pg. 86 7.F.a U FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT N BETWEEN THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING INTERIM PUBLIC WORKS DIRECTOR SERVICES 3 LL c 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 d A Municipal Corporation E m m N N Andrea Travis-Miller Michael Busch, President °- Acting City Manager c N C ATTEST: 0 c m E Georgeann "Gigi" Hanna, City Clerk E N APPROVED AS TO FORM: v 0 N V J MES F. PENMAN, ty Attorney o 3 IL E c Z Z W 0 Z w ¢ U) Q: LL LL C v E U U A Q Packet Pg. 87 7IT. 1 U C N Attachment to this First Amendment 3 Exhibit A LL c m L V c d Interim Public E a Contract dated June 4,2012 Works Director a� Q Original authorization 64,000.00 N d v First Amendment-October 1, 2012 115,200.00 y C 179,200.00 3 N C O U O r c d E C d E Q r N L LL a 0 N L O r U d L_ 0 IL E r c H 2 W G Z W Q r LL LL C d E Z U W a Packet.Pg.88 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO 4 CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES ^ INCORPORATED AND THE CITY OF SAN BERNARDINO FOR INTERIM PUBLIC 5 WORKS DIRECTOR CONSULTANT SERVICES. d 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL.OF THE a 7 CITY OF SAN BERNARDINO AS FOLLOWS: a 8 SECTION 1. The Acting City Manager is hereby authorized and directed to c 9 execute on behalf of said City a First Amendment to Consultant Services Agreement between d t d o Urban Futures Incorporated and the City of San Bernardino for Interim Public Works Director 11 (D 12 consultant services, a copy of which is attached hereto and marked as Exhibit "A" and Z d fN 13 incorporated herein by reference as fully as though set forth at length. 14 SECTION 2. The Director of Finance is hereby authorized to issue an amended c U 15 p Purchase Order to Urban Futures Incorporated for Interim Public Works Director consultant 16 m services for a total amount not to exceed$179,200. E 17 c d is SECTION 3. The authorization granted hereunder shall expire and be void and Q V! 19 of no further effect if the agreement is not executed by both parties and returned to the Office of a m v 20 the City Clerk within sixty(60) days following the effective date of the Resolution. 21 y 22 y 23 c d 24 t U R 25 26 27 28 1 Packet 89 7 F.h"0" 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO 2 CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES 3 INCORPORATED AND THE CITY OF SAN BERNARDINO FOR INTERIM PUBLIC WORKS DIRECTOR CONSULTANT SERVICES. 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 y m 6 Common Council of the City of San Bernardino at a meeting thereof, held on LL LL 7 the day of 2012,by the following vote,to wit: a 6 � Council Members: AYES NAYS ABSTAIN ABSENT 9 d MARQUEZ 10 11 JENKINS U 12 VALDIVIA d 13 SHORETT 3 19 y KELLEY o v 15 p JOHNSON 16 m E 17 MCCAMMACK d E 1& Q .. Georgeann Hanna, City Clerk 19 LL 20 The foregoing Resolution is hereby approved this day of 2012. c N_ 21 fO V N N 22 Patrick J. Morris, Mayor �'� 23 City of San Bernardino ` Approved as to 24 form: E U A 25 4 26 27 James F. Penman 28 City Attorney 2 PacketPg.90