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HomeMy WebLinkAbout2014-079 RESOLUTION NO. 2014-79 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 3 TO THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS ANDERSON MALODY AND SCOTT 4 FOR THE PROVISION OF AUDITING SERVICES. 5 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized and directed to execute an 9 amendment to the Audit Service Agreement between the City of San Bernardino and 10 Rogers Anderson Malody and Scott, a copy of which is attached hereto marked Exhibit 11 "A" and incorporated herein by reference as fully as though set forth at length. 12 13 SECTION 2. The Purchasing Agent is hereby authorized to issue a Purchase Order 14 to Rogers Anderson Malody and Scott for audit services for a total amount not to exceed 15 $228,300. 16 SECTION 3. The authorization granted hereunder shall expire and be void and of 17 18 no further effect if the Agreement is not executed by both parties and returned to the Office 19 of the City Clerk within sixty (60) days following the effective date of this Resolution. 20 /// 21 22 23 24 /// 25 26 27 28 2014-79 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE 3 CITY OF SAN BERNARDINO AND ROGERS ANDERSON MALODY AND SCOTT FOR THE PROVISION OF AUDITING SERVICES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 7tb day of April , 2014, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ x 12 BARRIOS X 13 VALDIVIA 14 SHORETT X 15 NICKEL X 16 JOHNSON X 17 18 MULVIHILL X 19 20 George nn Hanna, 'ty Clerk 21 The foregoing Resolution is hereby approved this ( day of April , 2014. 22 23 C R. Carey Dav/, Mayor 24 City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 28 By:"■- 2014-79 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT THIS THIRD AMENDMENT is made and entered into as of April 7 2014 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and ROGERS, ANDERSON, MALODY & SCOTT ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On April 19, 2011, the City entered into a Second Amendment to the agreement for auditing services for period ending June 30, 2012 for work to be performed during the 2012-13 fiscal year for $53,400 and authorized a purchase order to the Consultant. b. On February 17, 2014, the City approved a mid-year budget adjustment to cover the increased costs in completing the 2011-12 audits due to the complexity of the EDA dissolution, pending transfer of HUD Federal programs to the City, Single Audit, bankruptcy filing, and auditing many complex financial transactions in the amount of $174,900. c. The parties now desire to extend the agreement to June 30, 2014 for an additional One Hundred Seventy-four Thousand and Nine Hundred Dollars ($174,900) to a total amount not-to-exceed total amount of Two Hundred Twenty-eight Thousand and Three Hundred Dollars ($228,300) and amend the Agreement as set forth in this Amendment. 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount that the City agrees to pay the Consultant a not-to-exceed total amount of Two Hundred Twenty-eight Thousand and Three Hundred Dollars ($228,300). 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 One Hundred Seventy-four Thousand and Nine Hundred Dollars ($174,900) for additional audit Consultant services. 3. Section 3.1. Term of the Agreement is hereby amended to extend the term of the Agreement to June 30, 2014, unless the Agreement is previously terminated as provided for herein. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// /// /// ill 2014-79 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT 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 ROGERS, ANDERSON, MALODY & SCOTT Allen Parker, City Manager RAMS, Partner ATTEST: APPROVED AS TO FORM: Loy\a„r,,;<-0 Georgeann Hanna, City Clerk G. --nz, City Attorney 2014-79 • THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT THIS THIRD AMENDMENT is made and entered into as of April 7 2014 by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and ROGERS, ANDERSON, MALODY & SCOTT ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On April 19, 2011, the City entered into a Second Amendment to the agreement for auditing services for period ending June 30, 2012 for work to be performed during the 2012-13 fiscal year for $53,400 and authorized a purchase order to the Consultant. b. On February 17, 2014, the City approved a mid-year budget adjustment to cover the increased costs in completing the 2011-12 audits due to the complexity of the EDA dissolution, pending transfer of HUD Federal programs to the City, Single Audit, bankruptcy filing, and auditing many complex financial transactions in the amount of $174,900. c. The parties now desire to extend the agreement to June 30, 2014 for an additional One Hundred Seventy-four Thousand and Nine Hundred Dollars ($174,900) to a total amount not-to-exceed total amount of Two Hundred Twenty-eight Thousand and Three Hundred Dollars ($228,300) and amend the Agreement as set forth in this Amendment. 2. Section 2. Compensation of the Agreement is hereby amended to increase the amount that the City agrees to pay the Consultant a not-to-exceed total amount of Two Hundred Twenty-eight Thousand and Three Hundred Dollars ($228,300). 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 One Hundred Seventy-four Thousand and Nine Hundred Dollars ($174,900) for additional audit Consultant services. 3. Section 3.1. Term of the Agreement is hereby amended to extend the term of the Agreement to June 30, 2014, unless the Agreement is previously terminated as provided for herein. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// /// 2014-79 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT 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 ROGERS, ANDERSON, MALODY & SCOTT Allen ar r, City Manager RAMS,P ner ATTEST: APPROVED AS TO FORM: �l?/ -- .r( anat_Imo,,'r Georgeann H na, City rk G. -i .-nz, City Attorney