HomeMy WebLinkAbout2014-264 1 RESOLUTION NO. 2014-264
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
SAN BERNARDINO REDEVELOPMENT AGENCY APPROVING THE FIRST
4 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
JAMES P.MORRIS.
5
6 WHEREAS, on January 9, 2012,the Mayor and Common Council of the City of San Bernardino
7 ("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino would be the
8 Successor Agency to the Redevelopment Agency ("Agency") of the City of San Bernardino ("Successo
9 Agency") effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolutio
Act); and
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WHEREAS, the Successor Agency has been established pursuant to the California Health an'
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Safety Code to wind-down the affairs of the dissolved redevelopment agency pursuant to ABxI 26; and
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WHEREAS, James P. Morris has specialized expertise, knowledge and skills regarding the Sa
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Bernardino Redevelopment Agency;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
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OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENC
16 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, A
17 FOLLOWS:
18 SECTION 1: The City Manager is hereby authorized and directed to execute the Firs'
19 Amendment to the Professional Services Agreement with James P. Morris to provide assistance to the
20 Successor Agency relative to the wind down of the former San Bernardino Redevelopment Agency at .
21 cost of$85,000. A copy of said First Amendment to Professional Services Agreement is attached hereto
22 as Exhibit"A"and incorporated herein by reference.
23 SECTION 2: The authorization to execute the above referenced First Amendment to
24 Professional Services Agreement is rescinded if the parties to the Amendment do not execute it within 61
25 days of the passage of this Resolution.
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2014-264
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
2 SAN BERNARDINO REDEVELOPMENT AGENCY APPROVING THE FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
3 JAMES P. MORRIS.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an.
6 Common Council of the City of San Bernardino, acting as the Successor Agency of the forme
7 Redevelopment Agency at a joint regular meeting thereof, held on the 7th day o'
8 July , 2014, by the following vote,to wit:
9
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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BARRIOS X
12
VALDIVIA x
13
SHORETT X
14 NICKEL x
15 JOHNSON X
16 MULVIHILL x
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18 +'C
19 Georgeann Hanna, City Clerk
20 The foregoing Resolution is hereby approved this 9day of July , 2014.
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22 — '.c
Virginia arqu: , May:r 411. Tem
23 Approved as to Form: City of San Bernardino
24 Gary D. Saenz, City Attorney
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2014-264
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
I BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
2 THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
REDEVELOPMENT AGENCY
3
4 THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made an•
5 entered into this 7th day of July 2014 by and between the CITY OF SA
6 BERNARDINO (City), acting as the Successor Agency to the San Bernardino Redevelopmen�
7 Agency ("Successor Agency"), and James P. Morris, an individual, ("Morris" or"Consultant").
8 WITNESSETH
9 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmeni
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Agency entered into an Professional Services Agreement with Morris on April 14, 2014, fo
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professional services; and
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WHEREAS, Morris, asserts that he remains competent, trained and qualified to provid:
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such professional services; and
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WHEREAS, Section 12 of the aforesaid Agreement allows such agreement to b:
15
16 amended by written agreement executed by the parties; and
17 WHEREAS, the parties desire to enter into this First Amendment to Professiona
18 Services Agreement.
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
20 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Firs'
21 Amendment to Professional Services Agreement amends only those terms containe•
22 herein; such terms not covered by this document remain in full force and effect as se
23
forth in said Professional Services Agreement of April 14, 2014, attached hereto a
24
Exhibit"1".
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2014-264
2. Section 2. TERM. AND TERMINATION is hereby amended to be extended fro
2
3 June 30, 2014 to December 31, 2014.
4 3. Section 5. COMPENSATION is hereby amended to increase the total amount to be
5 paid by $85,000.00. The total fee is hereby amended to $109,999.00.
6 4. ENTIRE AGREEMENT. This First Amendment to Professional Service
7 Agreement contains all of the terms to be so amended. Any correspondence, letters, document
8 or discussion leading up to this First Amendment to Professional Services Agreement whic
9
deals with the terms contained herein are superseded by this First Amendment to Professiona
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Services Agreement.
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5. SEVERABILITY. If any part or provision of this First Amendment is
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Professional Services Agreement is in conflict or inconsistent with applicable provisions o
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federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any cou
14
15 of competent jurisdiction, such part or provision shall be suspended and superseded by suc
16 applicable law or regulations, and the remainder of this First Amendment shall not be affecte•
17 thereby.
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2014-264
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2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
4 REDEVELOPMENT AGENCY
5 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to b:
6 executed by and through their respective authorized officers, as of the date first above written.
7 CITY OF SAN BERNARDINO,
Acting as the Successor Agency to the
8 Former San Bernardino Redevelopment
Agency
9 Date:
By:
10 Allen J. Parker, City Manager
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12 CONSULTANT
13
Date: By:
14 James P. Morris
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Approved as to Form:
16 Gary D. Saenz, City Attorney
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18 B
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2014-264
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
1 BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
2 REDEVELOPMENT AGENCY
3
4 THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made an.
5 entered into this 7th day of July 2014 by and between the CITY OF SA
6 BERNARDINO (City), acting as the Successor Agency to the San Bernardino Redevelopmen�
7 Agency ("Successor Agency"), and James P. Morris, an individual, ("Morris" or"Consultant").
8 WITNESSETH
9 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmeni
10
Agency entered into an Professional Services Agreement with Morris on April 14, 2014, fo
11
professional services; and
12
WHEREAS, Morris, asserts that he remains competent, trained and qualified to provid:
13
such professional services; and
14
WHEREAS, Section 12 of the aforesaid Agreement allows such agreement to b:
15
16 amended by written agreement executed by the parties; and
17 WHEREAS, the parties desire to enter into this First Amendment to Professiona
18 Services Agreement.
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
20 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Firs
21 Amendment to Professional Services Agreement amends only those terms containe•
22 herein; such terms not covered by this document remain in full force and effect as se
23
forth in said Professional Services Agreement of April 14, 2014, attached hereto a
24
Exhibit"1".
25
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2014-264
• 1
2. Section 2. TERM. AND TERMINATION is hereby amended to be extended fro
2 1
3 June )45, 2014 to December 31, 2014.
4 tr/ 3. Section 5. COMPENSATION is hereby amended to increase the total amount to be
5 paid by $85,000.00. The total fee is hereby amended to $109,999.00.
6 4. ENTIRE AGREEMENT. This First Amendment to Professional Service
7 Agreement contains all of the terms to be so amended. Any correspondence, letters, document
8 or discussion leading up to this First Amendment to Professional Services Agreement whic
9
deals with the terms contained herein are superseded by this First Amendment to Professiona
10
Services Agreement.
11
5. SEVERABILITY. If any part or provision of this First Amendment t•
12
Professional Services Agreement is in conflict or inconsistent with applicable provisions o
13
federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any cou
14
15 of competent jurisdiction, such part or provision shall be suspended and superseded by suc
16 applicable law or regulations, and the remainder of this First Amendment shall not be affecte•
17 thereby.
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2014-264
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2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
3 BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO, ACTING AS
THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
4 REDEVELOPMENT AGENCY
5 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to b:
6 executed by and through their respective authorized officers, as of the date first above written.
7 CITY OF SAN BERNARDINO,
Acting as the Successor Agency to the
8 Former San Bernardino Redevelopment
Agency
9 Date: /1
By:
10 A 1 J. Parker, City Manager
11
12 CONSULTANT
13
Date: t°
14 James P. Mo is
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Approved as to Form:
16 Gary D. Saenz, City Attorney
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18 B
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