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Home My WebLink About2014-392 RESOLUTION NO. 2014-392 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 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 9 Amendment No. 4 to the Audit Services Agreement between the City of San Bernardino and 10 Rogers Anderson Malody and Scott, a copy of which is attached hereto marked Exhibit "A" 11 12 and incorporated herein by reference as fully as though set forth at length. 13 SECTION 2. The Purchasing Manager is hereby authorized to increase the Purchase 14 Order to Rogers Anderson Malody and Scott for audit services by $32,261.78 for a total 15 amount not to exceed $260,561.78. 16 SECTION 3. The authorization granted hereunder shall expire and be void and of 17 18 no further effect if the Amendment 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 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 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 thereof, held on 8 the 17th day of November, 2014, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ X 12 BARRIOS X 13 VALDIVIA X 14 SHORETT X 15 NICKEL X 16 JOHNSON X 17 18 MULVIHILL X 19 � ' 20 Georgea Hanna, C#y Clerk 21 T he foregoing Resolution is hereby approved this day of November, 2014. 22 23 24 R. Carey Da s, Mayor City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 28 By: U" - 2014-392 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY &SCOTT THIS FOURTH AMENDMENT is made and entered into as of November 17, 2014 by and between the CITY OF SAN BERNARIDNO, 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 the 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 in the amount of$174,900 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. c. On April 7, 2014 the City approved an extension to the agreement to June 30, 2014. An additional One Hundred Seventy-four Thousand Nine Hundred Dollars ($174,900) was approved for an amount not-to-exceed total of Two Hundred Twenty-eight Thousand Three Hundred Dollars ($228,300). d. The parties now desire to amend the agreement and add an additional Thirty-two Thousand Two Hundred Sixty-one Dollars and 78 cents ($32,261.78) making the total amount not-to-exceed Two Hundred Sixty Thousand Five Hundred Sixty-one Dollars and 78 cents ($260,561.78). This payment will be for the final completion work done on the FY 2011-12 CAFR. 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 Sixty Thousand, Five Hundred, Sixty-one Dollars and 78 cents ($260,561.78). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The fourth amendment amount shall not exceed Thirty-Two Thousand Two Hundred-sixty one Dollars and 78 cents ($32,261.78) for additional audit Consultant services. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 111 111 111 111 111 2014-392 FOURTH 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 J. Parker, City Manager RAMS, Partner ATTEST: Georgeann Hanna, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: 2014-392 FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROGERS, ANDERSON, MALODY & SCOTT THIS FOURTH AMENDMENT is made and entered into as of November 17, 2014 by and between the CITY OF SAN BERNARIDNO, 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 the 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 in the amount of$174,900 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. c. On April 7, 2014 the City approved an extension to the agreement to June 30, 2014. An additional One Hundred Seventy-four Thousand Nine Hundred Dollars ($174,900)was approved for an amount not-to-exceed total of Two Hundred Twenty-eight Thousand Three Hundred Dollars ($228,300). d. The parties now desire to amend the agreement and add an additional Thirty-two Thousand Two Hundred Sixty-one Dollars and 78 cents ($32,261.78) making the total amount not-to-exceed Two Hundred Sixty Thousand Five Hundred Sixty-one Dollars and 78 cents ($260,561.78). This payment will be for the final completion work done on the FY 2011-12 CAFR. 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 Sixty Thousand, Five Hundred, Sixty-one Dollars and 78 cents ($260,561.78). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The fourth amendment amount shall not exceed Thirty-Two Thousand Two Hundred-sixty one Dollars and 78 cents ($32,261.78)for additional audit Consultant services. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 111 111 111 111 111 2014-392 FOURTH 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 AIIen J. arker, City Manager RAMS, Pa6ner ATTEST: P Georgeann Ha 'a, City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: