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HomeMy WebLinkAbout05.E- City Manager RESOLUTION (ID#3324) DOC ID: 3324 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Allen Parker M/CC Meeting Date: 07/07/2014 Prepared by: Tanya Romo, (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 Second Amendment to a Consultant Services Agreement Between Gus Papagolos Consulting and the City of San Bernardino. (#3324) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $100,000.00 Account Numbers: 629-110-0056-5502, 678-110-0057-5505 Motion: Adopt the Resolution. Synopsis of Previous Council Action: December 1, 2013 -Agreement between Gus Papagolos and City of San Bernardino for consulting services in the amount of$24,950.00 March 3, 2014 - First Amendment between Gus Papagolos and City of San Bernardino for consulting services in the amount of$40,000.00 Background: Gus Papagolos Consulting provides municipal consulting services to public agencies solely in the State of California. This agreement will provide the needed support for the continuation of essential City-wide process review and cost containment initiatives. These services have yielded the complete design, procurement, and implementation of a self-insured third party workers compensation and general liability claims administration program. In concept, the outsourcing was first discussed in November 2012, and today both programs are fully implemented. The result of the Worker's Compensation Program is producing claim paid amounts in excess of $1,000,000 below current Workers' Compensation actuarial forecasts. The current program is producing sizeable claim cost reductions, and has lowered City Human Resources Department staffing cost from $1.3 million to slightly over$800,000. Gus Papagolos Consulting has been responsible for the complete implementation, agreement execution and operation of the City's internship program with California State University San Bernardino, CSUSB, and University of California, Riverside, UCR. To date this program is a widely talk about program at CSUSB and is the preferred internship program in the college of Business and Administration. Since the development of this program in January 2014 over 23 students have interned at the City in various departments which represents over 3,450 hours of work. Most recently, he successfully, expanded the internship program to UCR, Anderson i t Updated: 7/2/2014 by Jolena E.Grider A Packet Pg. 157 3324 Graduate School of Management and it is posed to begin in the Fall 2014 term. It is within these efforts that Gus Papagolos Consulting has established an agreement with UCR, Anderson Graduate School of Management a City employee scholarship Memorandum of Understanding equivalent to a 60%discount off current graduate programs and course tuition rates. Additional benefits of utilizing these consulting services were the discovery of costly property insurance layers and the utilization of overseas insurance carriers. These practices have been replaced with a strategy to provide complete insurance wholesale commission transparency to the City. By marketing the property insurance to only domestic carriers, it is estimated to generate a cost savings of 10% to 17.5% from the current property insurance premium of$1.4 million. Gus Papagolos Consulting is currently leading the process of property insurance renewal to capitalize on lowering the City's property insurance costs. In this contract amendment the consulting services will work to develop and implement an employee referral program. This is a new City-wide project and one that will have a high impact to our citizens as well as local businesses. Much work is required to launch such a program to include: Participant Eligibility Criteria Business Involvement Local Business Partnerships Tracking&Reporting System Establishment of Performance Standards Development of Work Skills Employment Search and Success The essential City-wide cost containment initiatives will include: Establish complete Worker's Comp TPA monitoring tools, and procedures and review of past excess insurance payments o Payment validation o Develop performance measurements for claims processing o Develop ancillary cost reviews and containment support and training General Liability Third Party Claims Administration subrogation development for initiated City claims and full cost allocation reimbursement. Continued documentation of the City's Internship Program with Cal State University San Bernardino and other institutions of higher learning in the area Cost containment on benefits/health care reform Develop and Document City-wide Operational Procedures Analysis and development of City-wide reorganizational cost saving opportunities City-wide Risk Management Program Police and Procedures. o Provided Surety bond review/valuation on all performance, material and labor bonds. o Risk Management Program Reporting o Risk Management Documentation Guidelines and Training Also, Gus Papagolos Consulting has worked closely with the Human Resources Division\Risk Manager to negotiate savings of $44,000 annually on the employee benefit insurance broker services and $30,000 savings on property and liability insurance broker services. Additional work is advancing with analysis and potential development of a workers' compensation Updated:7/2/2014 by Jolena E.Grider A I Packet Pg. 158 ...r..wrn...r� �rcY 3324 initiatives designed to improve overall service and reduce workers' compensation claim costs by speeding up medical review and medical scheduling processes. This second amendment will enable these needed cost saving services to continue. With the approval of the second amendment, the City will continue to benefit from the services and expertise Gus Papagolos Consulting provides. Specifically, his consulting services will work to identify and evaluate other Risk Management processes and provide additional operational cost saving alternatives. As process efficiencies are approved, these services will also work to insure training, implementation and follow-up review and reevaluation to bench mark total benefit and sustainability. City Attorney Review: Supporting Documents: reso 3324 (PDF) agrmt 3324 (PDF) CONSULTANT SERVICE AGREEMENT- GUS P (PDF) First Amendment to CSA with Gus Papagolos (PDF) Updated: 7/2/2014 by Jolena E.Grider A Packet Pg. 159 4;r RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT 3 TO A CONSULTANT SERVICES AGREEMENT BETWEEN GUS PAPAGOLOS CONSULTING 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: N 7 SECTION 1. The City Manager is hereby authorized and directed to execute z 8 the Second Amendment to the Consultant Services Agreement between the City of 9 San Bernardino and Gus Papagolos, Consulting Services, attached hereto as 10 a Exhibit "A" and incorporated herein. I1 r 12 SECTION 2. The Purchasing Manager is hereby authorized to issue an o U 13 amended Purchase Order to Gus Papagolos, Consulting for consultant services for a o 0 14 total annual amount not to exceed $100,000.00 with a one year option to extend. C a 15 SECTION 3. The authorization granted hereunder shall expire and be void 16 and of no further effect if the Agreement is not executed by both parties and returned M 17 M 18 to the Office of the City Clerk within sixty (60) days following the effective date of this N M M 19 Resolution. L 20 III E 21 s 111 � r 22 a l�l 23 24 /ll 25 /lI 26 28 III Packet Pg.96o is 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO A CONSULTANT SERVICES AGREEMENT BETWEEN GUS PAPAGOLOS 3 CONSULTING AND THE CITY OF SAN BERNARDINO. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 7 2014, by the following vote, to wit: Z 8 im E 9 Council Members: AYES NAYS ABSTAIN ABSENT a E 10 MARQUEZ a c 11 BARRIOS 12 0 VALDIVIA U cn 13 0 14 SHORETT a. 15 NICKEL 16 JOHNSON 17 MULVIHILL M 18 N N M 19 ° N i 20 Georgeann Hanna, City Clerk (D E 21 The foregoing Resolution is hereby approved this day of 2014. r 22 a 23 24 R. Carey Davis, Mayor 25 City of San Bernardino 76 Approved as to form: Gary D. Saenz, City Attorney 27 28 By: 1C Packet Pg.161 S.E.b SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GUS PAPAGOLOS CONSULTING THIS Second Amendment is made and entered into as of July 7, 2014 by and between the City of San Bernardino, a charter city ("City"), and Gus Papagolos Consulting ("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 December 1, 2013, the City and Consultant entered into an agreement entitled Consultant Services Agreement between The City of San Bernardino and Consultant for a total amount of twenty four thousand nine hundred and fifty dollars and no cents N ($24,950.00). o b. On March 3, 2014, the City and Consultant entered into an agreement entitled f=irst Z Amendment to Consultant Services Agreement between The City of San Bernardino and E Gus Papagolos Consulting for a total amount of forty thousand dollars and no cents ($40,000.00). c. The parties now desire to amend the agreement to increase the amount by one-hundred a thousand dollars and no cents ($100,000.00) for the period ending June 30, 2015. 2. Section 5. Compensation of the Agreement is hereby amended to increase the amount that the City agrees to pay the Consultant in the amount of one-hundred thousand dollars and 75 no cents ($100,000.00) , City shall pay Consultant for services rendered pursuant to this c Agreement at the time and in the manner set forth herein. 0 3. Section 1. Term of the Agreement is hereby amended to add an option to extend the 0, kL agreement for one additional year. a M a. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by M and through their respective authorized officers, as of the date first above written. N M M r CITY OF SAN BERNARDINO E rn Dated: By_ c d Allen Parker, City Manager r r a CONSULTANT Gus Papagolos Consulting Dated: By: Gus Papagolos, Owner Approved as to Form: Gary Saenz, City Attorney By: a_� ! Packet Pg. 162' 5.E.c CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GUS PAPAGOLOS This Consultant Service Agreement (this "Agreement')is made and entered into this 1st day of December 2013 ("Effective Date") by and between the City of San Bernardino, a N Municipal Corporation and Charter City, (hereinafter referred to as the "City") and Gus d Papagolos, (hereinafter referred to as the "Consultant') (sometimes jointly referred to herein as Z the "Parties"). d E M WITNESSETH: E A. WHEREAS, The CITY of San Bernardino is in need of a Consultant to provide & Human Resources Consulting Services, and r B. WHEREAS, it has been determined by the Human Resources Division Manager that Consultant represents that it has that degree of specialized expertise contemplated within L) California Government Code, Section 37103, and holds all necessary licenses to practice and o perform the services herein contemplated; and o Q. C. WHEREAS, CONSULTANT is competent, experienced and able to perform said a responsible services; and c� D. WHEREAS, CONSULTANT will provide the most advantageous and responsible N services; M M NOW THEREFORE, in consideration of mutual covenants contained in this Agreement a and the mutual benefits to be derived there from, the parties agree as follows: D a 1. TERM. FL Z W This agreement shall be in full force and effect from the effective date of term through June W 30, 2014, unless extended. 2. CONSULTANT RESPONSIBILITIES: W U Consultant is responsible for performing the work as identified in Exhibit A, contained herein. w The Consultant commits the necessary principal personnel to the performance of such cn services for the duration of this Agreement. Z 3. CITY RESPONSIBILITIES The City shall provide, in a reasonable timely fashion, the Consultant with any o documentation, records, reports, statistics or other data or information pertinent to the provision of services, which are reasonably available to the City. The City will provide a contact person to assist in the timely resolution of any issues that may arise. E s 4. CONFIDENTIALITY OF REPORTS ¢ The Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made f Packet Pg. 163 5E available to any person, news release, firm, corporation, or entity without prior written consent of the City or as otherwise required by law. 5. COMPENSATION The Human Resources Consulting Services for the City of San Bernardino will not exceed c:, $24,950.00 at the rate of$100.00 per hour. This fee is inclusive of all professional fees and z6 expenses. c 6. NONDISCRIMINATION; MONITORING AND REPORTING WORK PERFORMANCE c In the performance of this Agreement and in the hiring and recruitment of employees, Q Consultant shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, genetic information, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. o ca 7. CONFLICT OF INTEREST 0 The Consultant shall maintain a code or standard of conduct. The Consultant shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under a the Scope of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the Consultant. N M 8. INDEPENDENT CONTRACTOR a. The Parties intend that the relationship between them created under the Agreement is that D of an independent contractor only. The Consultant shall perform each element of the work 0 set forth in the Scope of Services as an independent contractor and shall not be considered z z an employee of the City. This Agreement is by and between the Consultant and the City, W and is not intended, and shall not be construed, to create the relationship of agent, servant, W employee, partnership, joint venture or association, between the City and the Consultant. W The City is interested only in the results obtained under the Agreement; unless otherwise a indicated and under unusual circumstances, the manner and means of performing the W services are subject to the Consultant's sole control. The Consultant shall have no right or authority to bind or commit the City. The Consultant shall not be entitled to any benefits, rX including, without limitation, worker's compensation, disability insurance, vacation or sick N pay. The Consultant shall be responsible for providing at its expense, and in its name, z disability, worker's compensation or other insurance. F The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all N federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and o any other taxes incurred as result of the compensation set forth herein. The Consultant agrees further to provide the City with proof of payment upon reasonable demand. The Consultant holds the City harmless from and against any and all claims, demands, losses, E costs, fees, liabilities, taxes, penalties, damages or injuries suffered by the City (including, R but not limited to, attorney fees and court costs, whether or not litigation is commenced) Q arising out of the failure of the Consultant to comply with this provision. Further, this right indemnification shall apply to any and all claims, demands, losses, costs, fees, liabilities, taxes, penalties, damages and injuries suffered by the City as a result of the classification of the Consultant as independent contractor under this Agreement. 2 Packet Pg. 164 9. RECORDS The Consultant shall keep full and accurate records of all consulting work performed under this Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and other documentation made in the course of the consulting work performed N hereunder, or in anticipation of the consulting work to be performed in regard to this 6 Agreement, shall at all times be and remain the sole property of the City and the Consultant shall turn over to the City all copies of the Work Records within seven (7) calendar days after a written request by City. c d 10. BUSINESS LICENSEMN E Q Consultant shall obtain a San Bernardino business license and provide the City with evidence that its license has been obtained on or before receipt of payment hereunder. The y Consultant agrees to keep said license current and valid throughout the term of this o Agreement. U Ul O Consultant shall obtain a state and federal taxpayer identification number and shall provide 0, evidence to the City that this number has been obtained. a a 11. RIGHT TO OBTAIN OTHER CONTRACTURAL ARRANGEMENTS. The Consultant at any time has the right: (a) accept employment or other association with N any person, city or company in the United States of America or any Territory thereof, or M through media reasonably accessible by persons in the United States of America or any Territory thereof, or (b) in the United States of America or any Territory thereof, or through a. media reasonably accessible by Persons in the United States of America or any Territory D thereof, engage in activities, projects or services similar in nature or competitive with those of the City, limited only by the confidential information described in Section 4, or(c) become z employed by, associate with or otherwise engage any entity anywhere in the world. The W City acknowledges that the provisions of this Section 12 are reasonable in light of the W legitimate business needs of the City. 12. SUCCESSOR AND ASSIGNMENT. W U The services as contained herein are to be rendered by the Consultant whose name is as W appears first above written and said Consultant shall not assign nor transfer any interest in M this Agreement without the prior written consent of the City. ~ z a 13. INDEMNIFICATION. The Consultant agrees to indemnify, defend and hold harmless the City of San Bernardino 0 ("City"), its agents, officers and employees from and against all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising out of this E Agreement from the Consultant's or the Consultant's employees or agents negligence, errors or omissions connected with the services performed by or on behalf of the Consultant a pursuant to this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered IL as "attorneys' fees" for the purposes of this paragraph. The Consultant agrees to obtain a policy of insurance in the minimum amount of $1,000,000.00 (one million dollars) to cover 3 _ Packet Pg. 165 S.E.c any and all claims. The Consultant shall provide the City with evidence that the necessary liability insurance has been obtained, and that the Agency has been named as an additional insured on said policy by the Effective Date hereof. 14. LIMITATION OF LIABILITY N In no event shall Contractor be liable for indirect, special, incidental, economic, o consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss E of use of software or any portion thereof regardless of the legal theory under which such a damages are sought even if Contractor has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. a Any claim by the City against Contractor relating to this Agreement must be made in writing y and presented to Contractor within one (1)year after the date on which Contractor completes performance of the services specified in this Agreement or(1)year from the date o the City discovers or reasonably should discover the existence of the claim. v N O 15. MODIFICATION. 0 o This Agreement may be supplemented, amended, or modified only by the mutual agreement a of the Parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties. c� v 16. CHOICE OF LAW. M M This Agreement, and any dispute arising from the relationship between the parties to this a. Agreement, shall be governed by California law, excluding any laws that direct the D application of another jurisdiction's laws. 17. COMPLIANCE WITH LAWSNENUE w LU w The parties agree to be bound by applicable federal, state, and local laws, regulations and directives as they pertain to the performance of this Agreement. a w The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San w Bernardino, State of California or the U.S. District Court for the Central District of California, cn Riverside Division. The aforementioned choice of venue is intended by the parties to be z mandatory and not permissive in nature. < J 18. SEVERABILILTY in z O In the event that any provision herein contained is held to be invalid, void or illegal by any U court of competent jurisdiction, the same shall be deemed severable from the remainder of d this Agreement and shall in no way affect, impair, or invalidate any other provision contained s herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope of breadth permitted by law. a 4 Packet'Pg. 166 5.Ex 19. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. N 20.WAIVER o z No waiver of a breach, failure of any condition, or any right or remedy contained in or a granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall be deemed a waiver of any other breach, failure, right or Q remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless c; the writing so specifies. 21. NOTICE o U Notices herein shall be presented in person or by certified or registered United States mail, o as follows: 0 CL M a To the Consultant: Gus Papagolos, Owner 37635 Via Majorca N Murrieta CA 92562 M Phone# (951) 764-2417 Cn D To the City: City of San Bernardino 0 Human Resources Department Fi z 300 North D Street w San Bernardino, CA 92418 w Attn: Helen Tran, Human Resources Division Manager Phone: (909) 384-5161 Q w Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. w U) 22. ENTIRE AGREEMENT z Q This Agreement, with Exhibit "A", constitutes the final, complete and exclusive statement of the terms and the agreement between the parties pertaining to the engagement of the z Consultant by the City and the entire understanding of the parties and supersedes all prior o and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, no is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. E U IC Q a 5 Packet Pg.167 5.E.c IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF SAN BERNARDINO Dated: By: o z Allen Parker, City Manager �a c d CONSULTANT E a Y Dated: By: a.-- N G O Gus Papagolos, Owner N O Approved as to Form: �0 a By: / Gary Saenz, City Attorney v N M M a Cn D t9 H z w 2 w w C9 a w U W H z Q N J Cl) z O U c d E t U R Q t Packet Pg. 168 Exhibit A Scope of Work Specific services and responsibilities to include: Establish complete Worker's Comp TPA Monitoring Tools, and Procedures N • Payment validation Z • Develop performance measurements for claims processing • Develop ancillary cost reviews and containment support and training E • Routine claims management and reporting processes • Establish department informational claim status reports E a General Liability Third Party Claims Administration c Develop general liability TPA program procedures, management controls and oversight devices in connection with the investigation, adjustment, processing, supervision and resolution of general liability, motor vehicle liability, property damage and potential 0 money damage claims asserted by third parties against City, or against parties for whom o City is alleged to be legally responsible. Essential areas: o • General Liability Claims Management a • Auto Liability Claims Management v, • Property Claims Management c� • Risk Management Control and Safety Programs • SIR Claims Administration M • Subrogation Recovery Services • Trial Preparation Support a • Risk Management Control and Safety Programs D • Ongoing Risk Management Administrative Support Z Re-establish Claims Review Committee procedures to function as the reviewer and W M approving authority for all settlements as designated by the City Manager on claims above W LU Ten Thousand Dollars ($10,000.00), but not exceeding Twenty Thousand ($20,000.00) Q Establish HR Internship Program and Workforce Investment Act Grant Opportunities W • Develop paid internship Program with CSUSB on match funds bases > • Market Internship program on Campus to Business& Public Administration W Seniors & Graduate Students • Focus effort on San Bernardino Residents z a Cost Containment on Benefits/Health Care Reform D • Private/ Medicare exchange for retirees Z • Maintain a high level of benefit at an affordable cost o • Benefit Administration efficiencies c • Benefit Exchange Program (2014-2015) Renewal E s Work With Departments on Reorganization al Structure w • Cost saving Measures a • Efficient use of resources and avoid any duplication of effort within the Department • Proper classification and compensation 7 Packet Pg. 169 , Fire Workers' Comp Carve-out Program Develop a work plan with schedule to achieve the below items: Identify potential advantages for the injured worker Identify potential advantages for the employer Identify problems and goals, Design the carve-Out to meet City goals z° Identify and follow the procedures to create a carve-out = Determine features for inclusion in the carve-out Develop agreed lists of providers: Q • Treating physicians that may be the exclusive source of all medical treatment • An agreed, limited list of qualified medical evaluators and agreed medical Y evaluators that may be the exclusive source of qualified medical evaluators and N agreed medical evaluators o • Joint labor-management safety committee U • A light-duty, modified job or return-to-work program o • A vocational rehabilitation or retraining program that includes an agreed list of °a, providers of rehabilitation/retraining services that may be the exclusive source a of providers of rehabilitation/retraining services. a Define the role of the ombudsman, mediator, and arbitrator Identify the role of attorneys N Third-party claims M Development of mutual agreement Ongoing carve-out maintenance a Develop and Document Human Resources Procedures Disability Retirement Process z Industrial Disability w Non-Industrial Disability w W Ix Analysis of the City's Property and Excess Liability Insurances For Cost Saving Opportunities w Expand BICEP Services Brokers Services for Property and General Liability w Partner for Earth Quake Coverages to Reduce Premium Costs un Research Opportunities to Join Insurance Authority Memberships z Police Insurance Carve-Out J U) Z O U w C m E t v t� Q 8 Packet Pg. 170 5.E.d 2014-43 Exhibit A e FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT I BETWEEN THE CITY OF SAN BERNARDINO AND GUS PAPAGOLOS CONSULTING THIS First Amendment is made and entered into as of March 3, 2014 by and between the City of San Bernardino, a charter city ("City"), and Gus Papagolos Consultant ("Consultant"). In Z consideration of the mutual covenants and conditions set forth herein, the parties agree as = follows: j 1. This Amendment is made with respect to the following facts and purposes: � a a. On December 1, 2013, the City and Consultant entered into a Consultant Services I Agreement for a total amount of twenty four thousand nine hundred and fifty dollars and no cents ($24,950.00). N b. The parties now desire to amend the Agreement for an additional amount not to exceed o forty thousand dollars and no cents ($40,000.00). v C 2. Section f. Compensation of the Agreement is hereby amended to increase the amount the 0 7 City agrees to pay the Consultant, not-to-exceed an additional forty thousand dollars and no a cents ($40,000.00). City shall pay Consultant for services rendered pursuant to this a Agreement at the time and in the manner set forth herein. 3. Section X1. Term of the Agreement is hereby amended to extend the term of the Agreement to June 30, 2015, unless the Agreement is previously terminated as provided for M herein.. N 4. Except for the changes specifically set forth herein, all other terms and conditions of the o Agreement shall remain in full force and effect. M CL IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by N and through their respective authorized officers, as of the date first above written. CITY OF SAN B NARDINO a U By: Dated: 3111VA 0 A en Parker, City Manager m E CONSULTANT Gus Papagolos Consulting E a Dated: U- Gus Papagolos, Owner m E Approved as to Form: Gary D. Saenz, City Attorney Q By:_ Packet Pg. 171