HomeMy WebLinkAbout09.B- City Manager RESOLUTION (ID#2349) DOC ID: 2349 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 04/01/2013
Prepared by: Allen Parker, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Third Amendment to Consultant Services Agreement Between Urban Futures,
Inc. and the City of San Bernardino Regarding Restructuring and Fiscal Analysis Services.
(#2349)
Current Business Registration Certificate: Yes
Financial Impact:
Please see Memo from City Manager.
Motion: Adopt the Resolution.
Please see memo from City Manager.
City Attorney Review:
Supporting Documents:
Memo from CM for 4-1-13 Agenda Items (DOCX)
reso 2349 (PDF)
agrmt 2349 (PDF)
Updated: 3/27/2013 by Linda Sutherland A Packet Pg. 214
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY MANAGER'S OFFICE
TO: Mayor and Common Council ,
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FROM: Allen Parker, City Manager c
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SUBJECT: Staffing/Finance Department L
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DATE: March 28, 2013 LL
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COPIES: Jim Penman, City Attorney; Gigi Hanna, City Clerk D
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Getting the Finance Department functioning is my number one priority. Simply stated,we cannot E
take weeks or months to recruit, interview, do background checks, etc. for the management
positions. We have to get the Department up and running not only for day-to-day needs but for E
the budget,bankruptcy and audit(s).
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From a de facto standpoint, most of the management financial functions are in the hands of
Urban Futures; and from a hit-the-ground-running standpoint, Urban Futures is best prepared to
manage the Department. Both City Attorney Penman and Bankruptcy Attorney Glassman have 2
concurred that a sole source proposal from Urban Futures is appropriate in this case.
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Accordingly, please find attached a proposal from Urban Futures to manage the Finance Q
Department on a contract basis. They do so for the City of Jurupa. The proposed annual fee is
$450,000, virtually the same if the positions were filled in-house ($450,430, including benefits).
The existing City employees would remain with the City but be supervised by Urban Futures, `o
subject to a meet and confers with the appropriate labor representation units.
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On an hourly basis, this proposal has the added benefit of confining Urban Futures to a contract c
for providing management financial services at the following reduced costs: o
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Position Current Billing Contract Cost
Finance Director $150 $96.15
Budget Manager $105 $67.30 E
Fiscal Officer $ 85 $60.10
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Urban Futures is also recommending the addition of a Contract Administrator and two
Accountants who would be City employees. Authorizing these three positions adds $240,812 to
the annual budget, including benefits.
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Lastly, the City has retained Urban Futures to assist with the bankruptcy proceedings. The
current budget allocation of $200,000 has almost been reached, and I would recommend an
additional $100,000 be allocated to cover the remainder of this fiscal year.
RECOMMENDATIONS:
1. That the Mayor & Common Council approve the attached proposal from Urban Futures for L
management of the Finance Department through June 30, 2014, $112,500 for the remainder of c
this fiscal year and$450,000 for FY 2013-14. v
2. That the proposal be referred to the City Attorney to be embodied in a contract format. L
3. That the Common Council authorize three additional positions of one Contract Administrator
and two Accountants. U-
4. That the budget allocation of$200,000 to Urban Futures for bankruptcy assistance be increased c=a
to$300,000.
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Packet Pg. 216
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT
3 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
INCORPORATED AND THE CITY OF SAN BERNARDINO REGARDING
4 RESTRUCTURING AND FISCAL ANALYSIS SERVICES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
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directed to execute on behalf of said City a Third Amendment to Consultant Services Agreement o
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9 between Urban Futures Incorporated(UFI)and the City of San Bernardino regarding to
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Restructuring and Fiscal Analysis Services, a copy of which is attached hereto marked Exhibit
"A"and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. The Finance Department is hereby authorized to issue an amended
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Purchase Order to Urban Futures Incorporated for consultant services for a total amount not to
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15 exceed$300,000.
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16 SECTION 3. The authorization granted hereunder shall expire and be void and of no N
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17 further effect if the agreement is not executed by both parties and returned to the Office of the o
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18 City Clerk within sixty(60)days following the effective date of the Resolution. w
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT
2 TO CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES
INCORPORATED AND THE CITY OF SAN BERNARDINO REGARDING
3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2013, by the following vote,to wit:
8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ 0
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JENKINS
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VALDIVIA
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12 KELLEY
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Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this of ,2013. N
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Patrick J. Morris, Mayor
19 City of San Bernardino E
Approved as to form:
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JAMES F. PENMAN,
21 City Att ey
22 By:
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1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND URBAN FUTURES,INC. REGARDING
3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES
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5 THIS THIRD AMENDMENT is made and entered into as of April 1,2013 by and between
6 the CITY OF SAN BERNARDINO, a charter city ("CITY") and URBAN FUTURES, INC.
7 ("CONSULTANT") as to restructuring and fiscal analysis services only. In consideration of the
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8 mutual covenants and conditions set forth herein, the parties agree as follows:
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9 1. This Amendment is made with respect to the following facts and purposes:
10 a. On June 4, 2012 CITY and CONSULTANT entered into a certain agreement
I entitled "CONSULTANT SERVICES AGREEMENT" in the amount of o
12 $150,000 for consultant services,$86,000 of said$150,000 was specifically for
13 restructuring and fiscal analysis services and $64,000 of said $150,000 was
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14 specifically for Interim Public Works Director services. a
15 b. On October 1, 2012 the CITY and CONSULTANT entered into the First N
16 Amendment to Consultant Services Agreement Regarding Interim Public M
17 Works Director Services which increased the amount for those services only by E
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18 $115,200.
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19 c. On October 1, 2012 the CITY and CONSULTANT entered into the Second E
20 Amendment to Consultant Services Agreement Regarding Restructuring and a
21 Fiscal Analysis Services which increased the amount for those services only by
22 $214,000.
23 d. The parties now desire to increase the payment for restructuring and fiscal
24 analysis services in the amount of$100,000 and amend the Agreement as set
25 forth in this Amendment.
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1 2. Section 2. Compensation of the Agreement is hereby amended to read as follows:
2 City hereby agrees to pay Consultant a sum not to exceed a total of$300,000(Three
3 Hundred Thousand Dollars and no cents) for restructuring and fiscal analysis
4 services. City shall pay Consultant for services rendered pursuant to this
5 Agreement at the time and in the manner set forth herein. Any terms in Exhibit A
6 other than the payment rates and schedule of payment are null and void. The Third
7 Amendment amount shall not exceed $100,000 for additional consulting services
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8 regarding restructuring and fiscal analysis services.
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10 3. Except for the changes specifically set forth herein, all other terms and conditions of a
11 the Agreement shall remain in full force and effect.
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1?a+�ket P9 220
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I THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND URBAN FUTURES,INC. REGARDING
3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES
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5 IN WITNESS THEREOF,the parties hereto have caused this Amendment to be executed
6 by and through their respective authorized officers,as of the date first above written.
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CITY OF SAN BERNARDINO, CONSULTANT 0
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8 A Municipal Corporation
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Allen Parker, City Manager Michael Busch, President
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12 APPROVED AS TO FORM:
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(7es F. Penman, City Attorney
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Packet Pg. 221