HomeMy WebLinkAbout2014-376 I RESOLUTION NO. 2014-376
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDMENT TO THE
4 PROFESSIONAL SERVICES AGREEMENT WITH JAMES P.MORRIS.
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WHEREAS, on January 9, 2012, the Mayor and Common Council of the City of San Bernardin
6 ("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino would be the
7 Successor Agency to the Redevelopment Agency ("Agency") of the City of San Bernardino ("Successor
8 Agency") effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolution
9 Act); and
10 WHEREAS, the Successor Agency has been established pursuant to the California Health an
11 Safety Code to wind-down the affairs of the dissolved redevelopment agency pursuant to ABx1 26; and
12 WHEREAS, James P. Morris has specialized expertise, knowledge and skills regarding the Sap
13 Bernardino Redevelopment Agency;
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
15 OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY
16 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, A
17 FOLLOWS:
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SECTION 1: The City Manager is hereby authorized and directed to execute the Second
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 $125,000. A copy of said Second Amendment to Professional Services Agreement is attache
hereto as Exhibit"A"and incorporated herein by reference.
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SECTION 2: The authorization to execute the above referenced Second Amendment t
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Professional Services Agreement is rescinded if the parties to the Amendment do not execute it within 6
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days of the passage of this Resolution.
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2014-376
SECOND 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
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4 THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made an
5 entered into this 3rd day of November 2014 by and between the CITY OF SA
6 BERNARDINO (City), acting as the Successor Agency to the San Bernardino Redevelopment
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 Redevelopment
10 Agency entered into an Professional Services Agreement with Morris on April 14, 2014, for
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professional services; and
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WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopment
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Agency entered into a First Amendment to the Professional Services Agreement with Morris on
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15 July 7, 2014; and
16 WHEREAS, Morris, asserts that he remains competent, trained and qualified to provide
17 such professional services; and
18 WHEREAS, Section 12 of the aforesaid Agreement allows such agreement to be
19 amended by written agreement executed by the parties; and
20 WHEREAS, the parties desire to enter into this Second Amendment to Professiona
21 Services Agreement.
22 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Second
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Amendment to Professional Services Agreement amends only those terms containe
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herein; such terms not covered by this document remain in full force and effect as se
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2014-376
forth in said Professional Services Agreement of April 14, 2014, attached hereto as
1
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Exhibit"1".
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4 2. Section 2. TERM. AND TERMINATION is hereby amended to be extended
5 through June 30, 2015.
6 3. Section 5. COMPENSATION is hereby amended to increase the total amount to be
7 paid by $125,000.00. The total fee is hereby amended to $234,999.00.
8 4. ENTIRE AGREEMENT. This Second Amendment to Professional Service
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Agreement contains all of the terms to be so amended. Any correspondence, letters, document
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or discussion leading up to this Second Amendment to Professional Services Agreement which
deals with the terms contained herein are superseded by this Second Amendment to Professional
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Services Agreement.
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14 5. SEVERABILITY. If any part or provision of this Second Amendment to
15 Professional Services Agreement is in conflict or inconsistent with applicable provisions of
16 federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any court
17 of competent jurisdiction, such part or provision shall be suspended and superseded by such
18 applicable law or regulations, and the remainder of this Second Amendment shall not be affecte
19 thereby.
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2014-376
SECOND 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 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
4 be executed by and through their respective authorized officers, as of the date first above written.
5 CITY OF SAN BERNARDINO,
6 Acting as the Successor Agency to the
Former San Bernardino Redevelopment
7 Agency
Date:
8 By:
Allen J. Parker, City Manager
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10 CONSULTANT
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12 Date: By:
James P. Morris
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14 Approved as to Form:
Gary D. Saenz, City Attorney
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16 Byre
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2014-376
SECOND 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 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made an
5 entered into this 3rd day of November 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").
s WITNESSETH
9 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmen
10 Agency entered into an Professional Services Agreement with Morris on April 14, 2014, fo
i
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professional services; and
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WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmen
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Agency entered into a First Amendment to the Professional Services Agreement with Morris on
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is July 7, 2014; and
WHEREAS, Morris, asserts that he remains competent, trained and qualified to provide
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17 such professional services; and
18 WHEREAS, Section 12 of the aforesaid Agreement allows such agreement to be
19 amended by written agreement executed by the parties; and
20 WHEREAS, the parties desire to enter into this Second Amendment to Professiona
21 Services Agreement.
22 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
23 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Second
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Amendment to Professional Services Agreement amends only those terms contained
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herein; such terms not covered by this document remain in full force and effect as se
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2014-376
forth in said Professional Services Agreement of April 14, 2014, attached hereto as
1
Exhibit"1".
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4 2. Section 2. TERM. AND TERMINATION is hereby amended to be extended
5 through June 30, 2015.
6 3. Section 5. COMPENSATION is hereby amended to increase the total amount to be
7 paid by $125,000.00. The total fee is hereby amended to $234,999.00.
8 4. ENTIRE AGREEMENT. This Second Amendment to Professional Service
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Agreement contains all of the terms to be so amended. Any correspondence, letters, document
to
or discussion leading up to this Second Amendment to Professional Services Agreement which
11
deals with the terms contained herein are superseded by this Second Amendment to Professional
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Services Agreement.
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5. SEVERABILITY. If any part or provision of this Second Amendment to
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15 Professional Services Agreement is in conflict or inconsistent with applicable provisions o
16 federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any cou
17 of competent jurisdiction, such part or provision shall be suspended and superseded by such
18 applicable law or regulations, and the remainder of this Second Amendment shall not be affected
19 thereby.
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2014-376
SECOND 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 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
4 be executed by and through their respective authorized officers, as of the date first above written.
5 CITY OF SAN BERNARDINO,
6 Acting as the Successor Agency to the
Former San Bernardino Redevelopment
7 Agency
Date:_
8 By:
n J. Parker, ity Manager
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10 CONSULTANT
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12 Date: i3 l Bye— _
James P. Mo is
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14 Approved as to Form:
Gary D. Saenz, City Attorney
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