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HomeMy WebLinkAbout2013-235 RESOLUTION NO. 201.3-235 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH 3 AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN URBAN FUTURES INC AND THE CITY OF SAN BERNARDINO. 4 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City a Fourth Amendment to Consultant Services 9 Agreement between Urban Futures Incorporated (UFI) and the City of San Bernardino 10 11 regarding Restructuring and Fiscal Analysis Services, a copy of which is attached hereto 12 marked Exhibit "A" and incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2. The Finance Department is hereby authorized to issue an amended 15 purchase Order to Urban Futures Incorporated for consultant services for a total amount not to 16 exceed $600,000.00. 17 18 SECTION 3. The authorization granted hereunder shall expire and be void and of no 19 further effect if the Agreement is not executed by both parties and returned to the Office of the 20 City Clerk within sixty (60) days following the effective date of this Resolution. 21 22 23 24 25 26 27 28 /// 2013-235 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN 3 URBAN FUTURES INC AND THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a o;nr regular ar meeting 6 7 thereof, held on the 5th day of August , 2013, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 JENKINS x 11 VALDIVIA 12 13 SHORETT x 14 KELLEY x - 15 JOHNSON x 16 MCCAMMACK x 17 18 -Q!L 19 Georgotqin Hanna,tity Clerk The foregoing Resolution is hereby approved this 4 0 day of August , 2013. 21 22 23 Pa 'ck J. rris, Mayor City of ernardino 24 Approved as to form: 25 JAMES F. PENMAN, 26 City Att rney 27 By: 28 2013-235 1 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN 2 THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING 3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES 4 5 THIS FOURTH AMENDMENT is made and entered into as of August 5, 2013 by and 6 between the CITY OF SAN BERNARDINO, a charter city ("CITY") and URBAN FUTURES, 7 INC. ("CONSULTANT") as to restructuring and fiscal analysis services only. In consideration 8 of the mutual covenants and conditions set forth herein, the parties agree as follows: 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 11 entitled "CONSULTANT SERVICES AGREEMENT" in the amount of 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 14 specifically for Interim Public Works Director services. 15 b. On October 1, 2012 the CITY and CONSULTANT entered into the First 16 Amendment to Consultant Services Agreement Regarding Interim Public 17 Works Director Services which increased the amount for those services only by 18 $115,200. 19 c. On October 1, 2012 the CITY and CONSULTANT entered into the Second 20 Amendment to Consultant Services Agreement Regarding Restructuring and 21 Fiscal Analysis Services which increased the amount for those services only by 22 $214,000. 23 24 d. On April 1, 2013 the City and Consultant entered into the Third Amendment to 25 Consultant Services Agreement Regarding Restructuring and Fiscal Analysis 26 Services which increased the amount for these services by $100,000.00. 27 28 2013-235 1 e. The parties now desire to increase the payment for restructuring and fiscal 2 analysis services in the amount of$600,000 and amend the Agreement as set 3 forth in this Amendment. 4 2. Section 2. Compensation of the Agreement is hereby amended to read as follows: 5 City hereby agrees to pay Consultant a sum not to exceed a total of$600,000 (Six 6 Hundred Thousand Dollars and no cents) for restructuring and fiscal analysis 7 services for Fiscal Year 2013/14, through June 30, 2014. City shall pay 8 Consultant for services rendered pursuant to this Agreement at the time and in the 9 manner set forth herein. Any terms in Exhibit A other than the payment rates and 10 schedule of payment are null and void. The Fourth Amendment amount shall not 11 exceed $600,000.00 for additional consulting services regarding restructuring and 12 fiscal analysis services. 13 14 3. Except for the changes specifically set forth herein, all other terms and conditions of 15 the Agreement shall remain in full force and effect. 16 17 /// 18 /// 19 20 21 /// 22 23 24 /// 25 /// 26 /// 27 2 28 2013-235 1 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN 2 THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING 3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES 4 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. 7 CITY OF SAN BERNARDINO, CONSULTANT 8 A Municipal Corporation 9 10 Allen Parker, City Manager Michael Busch, President 11 12 APPROVED AS TO FORM: 13 es F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 2013-235 1 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN 2 THE CITY OF SAN BERNARDINO AND URBAN FUTURES,INC. REGARDING 3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES 4 5 THIS FOURTH AMENDMENT is made and entered into as of August 5, 2013 by and 6 between the CITY OF SAN BERNARDINO, a charter city ("CITY") and URBAN FUTURES, 7 INC. ("CONSULTANT") as to restructuring and fiscal analysis services only. In consideration 8 of the mutual covenants and conditions set forth herein,the parties agree as follows: 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 11 entitled "CONSULTANT SERVICES AGREEMENT" in the amount of 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 14 specifically for Interim Public Works Director services. 15 b. On October 1, 2012 the CITY and CONSULTANT entered into the First 16 Amendment to Consultant Services Agreement Regarding Interim Public 17 Works Director Services which increased the amount for those services only by 18 $115,200. 19 c. On October 1, 2012 the CITY and CONSULTANT entered into the Second 20 Amendment to Consultant Services Agreement Regarding Restructuring and 21 Fiscal Analysis Services which increased the amount for those services only by 22 $214,000. 23 d. On April 1, 2013 the City and Consultant entered into the Third Amendment to 24 Consultant Services Agreement Regarding Restructuring and Fiscal Analysis 25 Services which increased the amount for these services by $100,000.00. 26 27 28 2013-235 1 e. The parties now desire to increase the payment for restructuring and fiscal 2 analysis services in the amount of$600,000 and amend the Agreement as set 3 forth in this Amendment. 4 2. Section 2. Compensation of the Agreement is hereby amended to read as follows: 5 City hereby agrees to pay Consultant a sum not to exceed a total of$600,000 (Six 6 Hundred Thousand Dollars and no cents) for restructuring and fiscal analysis 7 services for Fiscal Year 2013/14, through June 30, 2014. City shall pay 8 Consultant for services rendered pursuant to this Agreement at the time and in the 9 manner set forth herein. Any terms in Exhibit A other than the payment rates and 10 schedule of payment are null and void. The Fourth Amendment amount shall not 11 exceed $600,000.00 for additional consulting services regarding restructuring and 12 fiscal analysis services. 13 14 3. Except for the changes specifically set forth herein, all other terms and conditions of 15 the Agreement shall remain in full force and effect. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 2 28 2013-235 1 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN 2 THE CITY OF SAN BERNARDINO AND URBAN FUTURES, INC. REGARDING 3 RESTRUCTURING AND FISCAL ANALYSIS SERVICES 4 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. 7 CITY OF SAN BERNARDINO, CONSULTANT 8 A Municipal Corporation 9 6zi) 10 A e arker, City Manager Michael Busch, President 11 12 APPROVED AS TO FORM: 13 14 �""`. J. es F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28