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RESOLUTION (ID # 3553) DOC ID: 3553
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Nita McKay M/CC Meeting Date: 11/17/2014
Prepared by: Veronica Martinez, (909)
384-5242
Dept: Finance Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 4 to the Agreement for Auditing Services by and
Between the City of San Bernardino and Rogers Anderson Malody and Scott for the
Provision of Auditing Services. (#3553)
Current Business Registration Certificate: Yes
Financial Impact:
Approved Budget Amount : $228,300 Account No. 001-090-0053-5502
This is a FY 2013-14 expense, however it will be paid from the 2014-15 budget and
then accrued back to FY 2013-14
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
April 19, 2011 - Mayor and Council approved amendment#2 extending the Audit
Agreement for a period of two (2) years in order to perform financial audit services for
FY 2010-11 and FY 2011-12 not to exceed a total of$53,400 per year. Resolution
2011-88
February 17, 2014 - Mayor and Council approved the FY 2013-14 mid-year
budget to include adjustments to cover increased costs in completing FY 2011-12 audit
totaling $174,900.
April 7, 2014 - Mayor and Council approved amendment#3 approving a purchase order
for audit services for a total amount not to exceed $228,300. The increased audit
expenditure of$174,900 was approved by the Mayor and Common Council upon
adoption of the Mid-year budget on February 17, 2014.
Background:
The amendment to the existing contract reflects the final progress billing for the FY
2011-12 audit and the Due Diligence Review. This will finalize and complete this
project. A contract amendment is required in the amount of $32,261.78, for a total
contract amount not to exceed $260,561.78. This will be the final payment for this
completed project and staff does not anticipate further charges related to this. If further
Loll fees are necessary, the auditor will discuss with City staff before they are incurred.
Updated: 11/13/2014 by Georgeann "Gigi" Hanna Packet Pg. 120
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3553
City Attorney Review:
Supporting Documents:
RAMS reso Amendment 4 (DOCX)
agrmt 3553 (PDF)
Updated: 11/13/2014 by Georgeann "Gigi" Hanna Packet Pg. 121
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF co
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 tM
3 TO THE AGREEMENT FOR AUDITING SERVICES BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND ROGERS ANDERSON MALODY AND SCOTT a
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4 FOR THE PROVISION OF AUDITING SERVICES. °
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6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON v
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 0
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SECTION 1. The City Manager is hereby authorized and directed to execute
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9 Amendment No. 4 to the Audit Services Agreement between the City of San Bernardino and
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10 Rogers Anderson Malody and Scott, a copy of which is attached hereto marked Exhibit "A" Q
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and incorporated herein by reference as fully as though set forth at length. 0a
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SECTION 2. The Purchasing Manager is hereby authorized to increase the Purchase 2
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Order to Rogers Anderson Malody and Scott for audit services by $32,261.78 for a total o
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15 amount not to exceed $260,561.78. Q
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16 SECTION 3. The authorization granted hereunder shall expire and be void and of no a,
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17 further effect if the Amendment is not executed by both parties and returned to the Office of
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18 the City Clerk within sixty (60) days following the effective date of this Resolution.
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Packet Pg. 122
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 Cr)
2 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. a
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor c
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7 and Common Council of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2014, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT E
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MARQUEZ
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12 BARRIOS -a
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13 VALDIVIA
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14 SHORETT a
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15 NICKEL a
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JOHNSON �0
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MULVIHILL
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20 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2014.
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R. Carey Davis, Mayor E
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City of San Bernardino 0
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25 Approved as to form: Cn
26 Gary D. Saenz, City Attorney
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28 By.
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Packet Pg. 123
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 in
agree as follows: 0
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1, This Amendment is made with respect to the following facts and purposes:
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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 L
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 0
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 E
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 E
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($228,300).
d. The parties now desire to amend the agreement and add an additional Thirty-two Thousand Two in
Hundred Sixty-one Dollars and 78 cents ($32,261.78) making the total amount not-to-exceed Two 06
Hundred Sixty Thousand Five Hundred Sixty-one Dollars and 78 cents ($260,561.78). This c
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 N
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 a
rendered pursuant to this Agreement at the time and in the manner set forth herein. The fourth ;n
amendment amount shall not exceed Thirty-Two Thousand Two Hundred-sixty one Dollars and 78 c
cents ($32,261.78)for additional audit Consultant services,
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3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement
shall remain in full force and effect. M
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Packet Pg. 124
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FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
ROGERS, ANDERSON, MALODY & SCOTT
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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 E
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Alien J. Parker, City Manager RAMS, Partner L
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ATTEST:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
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Gary D. Saenz, City Attorney o
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Packet Pg. 125