HomeMy WebLinkAbout07.G- Finance RESOLUTION(ID#2050) DOC ID: 2050
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 Second Amendment to Consultant Services Agreement Between Urban Futures
Incorporated and the City of San Bernardino for Restructuring and Fiscal Analysis Consultant
Services.
Financial Impact:
Account Budgeted Amount: «Inert Amount» Account No. «Inert Account No.>>
Account Description: «Inert Account Description
Balance as o£ «Inert Date>>
Balance after approval of this item: «Insert Amount»
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.
l Synopsis of Previous Council Action:
�•r On June 4,2012, an agreement with Urban Futures Incorporated(UFI)was approved by the City
Council to provide Interim Public Works Director and also Financial Consulting Services to the
City in an amount of$150,000.
On October 1, 2012, a first amendment to the agreement with Urban Futures Incorporated was
proposed tonight also to continue Interim Public Works Director through the end of June 30,
2013 or until permanent replacement was hired. Council requested that the amendment from the
last meeting be brought back as two items. This is the second amendment proposed to that
agreement.
Back round•
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.
City Attorney Review:
Updated:9/27/2012 by Linda Sutherland Packet Pg. 91
2050
Supporting Documents:
( agrmt 2050 (PDF)
v reso 2050 (PDF)
O"
Updated:9/27/2012 by Linda Sutherland Packet Pg. 92
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, S
INC. ("CONSULTANT") as to restructuring and fiscal analysis services only. In consideration of m
the mutual covenants and conditions set forth
herein, the parties agree as follows: LL
c
1. This Amendment is made with the respect to the following facts and purposes: a
a. On June 4, 2011 the City and Consultant entered into that certain agreement entitled c
"CONSULTANT SERVICES AGREEMENT", in the amount of$150,000 for consultant services, E
$86,000.00 of said $150,000 was specifically for restructuring and fiscal analysis services. m
rn
b. The parties now desire to increase the payment for restructuring and fiscal analysis H
services in the amount of$214,000.00 and amend the Agreement as set forth in this v
Amendment. Z
m
N
2. Section 2. Compensation of the Agreement is hereby amended to read as follows: c
Y
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 C
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 d
payment rates and schedule of payment are null and void. The E
second amendment amount shall not exceed Two Hundred and a
Fourteen Thousand Dollars and no Cents ($214,000.00) for additional E
consulting services regarding restructuring and fiscal analysis
services. 0
d
U)
3. Section 3.1. Term of the Agreement is hereby amended to read as follows: o
Ln
0
This Agreement shall commence on the Effective Date and continue through June 30, 2014,
unless the Agreement is previously terminated as provided for herein.
N
N
4. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on E
Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though rn
set forth in full. R
c
d
5. Except for the changes specifically set forth herein, all other terms and conditions of the E
Agreement shall remain in full force and effect.
x
Packet Pg.93
7.G.a
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. 5
N
d
7
LL
CITY OF SAN BERNARDINO, CONSULTANT m
A Municipal Corporation a
D
c
d
E
Andrea Travis-Miller Michael Busch, President
d
Acting City Manager a
N
d
U
d
ATTEST: c
m
N
C
O
Georgeann "Gigi" Hanna, City Clerk o
v
E
APPROVED AS TO FORM: d
E
v
c
0
U
)
ISP(MES F. PENMAN,
ity Attorney o
N_
O
N
O
N
E
O
C
d
E
r
m
Packet Pg. 94
f
7.G.a
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 U
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.
LL
Since June 4, 2012, the City has declared insolvency, filed for Chapter 9 protection on August 1, r
2012 and as a result additional resources are required to meet ongoing City demands plus comply a
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 E
exceed of$225.
rn
Q
N
d
ExhibitA
d
Interim Public Restructuring&
c
Contract dated June 4,2012 Works Director Fiscal Analysis Total ;g
Original authorization 64,000.00 86,000.00 150.000.00 w
r-
0
First Amendment-October 1,2012 128,000.00 128,000.00 U
0
Second Amendment-October 1,2012 - 214,000.00 214,000.00 v
192.000.00 300,000.00 492,000.00 E
c
d
E
Q
v
c
0
U
N
N
O
O
O
N
O
N
O
N
E
to
W
C
N
E
z
U
m
Q
V
Packet Pg. 95
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
4 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
INCORPORATED AND THE CITY OF SAN BERNARDINO FOR RESTRUCTURING
5 AND FISCAL ANALYSIS CONSULTANT SERVICES.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CL
7 CITY OF SAN BERNARDINO AS FOLLOWS: a
L
7
6 SECTION 1. The Acting City Manager is hereby authorized and directed to c
C
9 E
execute on behalf of said City a Second Amendment to Consultant Services Agreement
10 Q
11 between Urban Futures Incorporated and the City of San Bernardino for restructuring and fiscal
12 analysis consultant services, a copy of which is attached hereto and marked as Exhibit "A" and in
c
13 incorporated herein by reference as fully as though set forth at length.
N
14 c
SECTION 2. The Director of Finance is hereby authorized to issue an amended co)
15
Purchase Order to Urban Futures Incorporated for restructuring and fiscal analysis consultant c
16 E
17 services for a total amount not to exceed$300,000.
E
a
18 SECTION 3. The authorization granted hereunder shall expire and be void and
c
0
19 of no further effect if the agreement is not executed by both parties and returned to the Office of y
20 0
the City Clerk within sixty(60) days following the effective date of the Resolution. N
21
n
22 N
O
23 SD
r
24 £
E
25
a
26
27
26
1
Packet Pg.96
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
2 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
3 INCORPORATED AND THE CITY OF SAN BERNARDINO FOR RESTRUCTURING
AND FISCAL ANALYSIS CONSULTANT SERVICES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and H
5 `
6 Common Council of the City of San Bernardino at a meeting thereof, held on a
c
7 the day of ,2012,by the following vote, to wit:
s Council Members: AYES NAYS ABSTAIN ABSENT d
9 MARQUEZ
10
a
11 JENKINS
12 VALDIVIA rn
c
13 SHORETT
14
KELLEY 0
15
JOHNSON d
16 E
s
17 MCCAMMACK
a
18
Georgeann Hanna, City Clerk d
19 y
20 The foregoing Resolution is hereby approved this day of 2012.
0
a
21 `
0
U7
22 N
Patrick J. Morris,Mayor °w
23 City of San Bernardino
Approved as to
29 form:
E
r
25 R
Q
27 es F. Penman
26
ity Attorney
2
Padket Pg.97