HomeMy WebLinkAbout2015-171 1 RESOLUTION NO. 2015-171
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
3 REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE
4 PROFESSIONAL SERVICES AGREEMENT WITH JAMES P. MORRIS.
5 WHEREAS, on January 9, 2012, the Mayor and Common Council of the City of San
6 Bernardino ("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino
7 would be the Successor Agency to the Redevelopment Agency ("Agency") of the City of San
8 Bernardino ("Successor Agency") effective February 1, 2012, pursuant to ABX1 26 (the
9 Redevelopment Agency Dissolution Act);
10 WHEREAS, the Successor Agency has been established pursuant to the California Health
11 and Safety Code to wind-down the affairs of the dissolved redevelopment agency pursuant to ABx 1
12 26; and
13 WHEREAS, James P. Morris has specialized expertise, knowledge and skills regarding the
14 San Bernardino Redevelopment Agency and the actions, approvals, and requirements necessary for
15 its wind-down pursuant to the Redevelopment Agency Dissolution Act;
16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
17 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
18 HOUSING AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
19 BERNARDINO, AS FOLLOWS:
20 SECTION 1: The City Manager is hereby authorized and directed to execute the Third
21 Amendment to the Professional Services Agreement with James P. Morris to provide assistance to
22 the Successor Agency relative to the wind-down of the former San Bernardino Redevelopment
23 Agency and increase the amount of the contract by $50,000. A copy of said Third Amendment to
24 Professional Services Agreement is attached hereto as Exhibit "A" and incorporated herein by
25 reference.
26 SECTION 2: The authorization to execute the above referenced Third Amendment to
27 Professional Services Agreement is rescinded if the parties to the Amendment do not execute it
28 within 60 days of the passage of this Resolution.
1
I 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
3 THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH JAMES P. MORRIS
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, at a regular meeting thereof, held on the 3`d day of August,
6 2015, by the following vote, to wit:
7
8 Council Members Ayes Nays Abstain Absent
9 MARQUEZ X
10 BARRIOS X
VALDIVIA X
11
SHORETT X
12
NICKEL X
13
JOHNSON X
14 MULVIHILL X
15 ,
16
17 George Hanna, C , City Clerk
18
The foregoing Resolution is hereby approved this day of August, 2015.
19
20
21 R. Carey Davi (,Chairman
Successor Agency to the
22 Redevelopment Agency of the
City of San Bernardino
23 Approved as to Form:
Gary D. Saenz, City Attorney
24
25 By: C
26
27
28
2
1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made and
5 entered into this 3rd day of August, 2015 by and between the CITY OF SAN BERNARDINO
6 (City), acting as the Successor Agency to the San Bernardino Redevelopment Agency ("Successor
7 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 a Professional Services Agreement with Morris on April 14, 2014 for
11 professional services; and
12 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopment
13 Agency entered into a First Amendment to the Professional Services Agreement with Morris on July
14 7, 2014 and a Second Amendment to the Professional Services Agreement with Morris on
15 November 3, 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 amended
19 by written agreement executed by the parties; and
20 WHEREAS, the parties desire to enter into this Third Amendment to Professional Services
21 Agreement.
22 NOW,THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
23 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Third
24 Amendment to Professional Services Agreement amends only those terms contained herein; such
25 terms not covered by this document remain in full force and effect as set forth in said Professional
26 Services Agreement of April 14, 2014, attached hereto as Exhibit"I".
27 2. Section 2. TERM AND TERMINATION is hereby amended to be extended from
28 June 30, 2015 to September 30, 2015.
1
1 3. Section 5. COMPENSATION is hereby amended to increase the total amount of
2 authorized to pay for services performed by Consultant under the Agreement by $50,000. The total
3 compensation authorized by the Agreement is hereby amended to $284,999.00.
4 4. ENTIRE AGREEMENT. This Third Amendment to Professional Services
5 Agreement contains all of the terms to be so amended. Any correspondence, letters, documents or
6 discussion leading up to this Third Amendment to Professional Services Agreement which deals
7 with the terms contained herein are superseded by this Third Amendment to Professional Services
8 Agreement.
9 5. SEVERABILITY. If any part of provision of this Third Amendment to Professional
10 Services Agreement is in conflict or inconsistent with applicable provisions of federal, state, or city
11 statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction,
12 such part or provision shall be suspended and superseded by such applicable law or regulations, and
13 the remainder of this Third Amendment shall not be affected thereby.
14
15
16
17
18
19
20
21
22
23
24 ///
25
26
27
28 ///
2
I THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO, ACTING AS
2 THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
3 REDEVELOPMENT AGENCY
4 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
5 executed by and through their respective authorized officers, as of the date first above written.
6
7 CITY OF SAN BERNARDINO, Acting as the
Successor Agency to the Former San
8 Bernardino Redevelopment Agency
9
10 Date: BY:
Allen J. Parker, City Manager
11
12 CONSULTANT
13
14
Date: BY:
15 James P. Morris
16
17 Approved as to Form:
18 Gary D. Saenz, City Attorney
19
20 By:
21
22
23
24
25
26
27
28
3
2015-171
1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
2 THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
3 REDEVELOPMENT AGENCY
4 THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made and
5 entered into this 3rd day of August, 2015 by and between the CITY OF SAN BERNARDINO
6 (City), acting as the Successor Agency to the San Bernardino Redevelopment Agency ("Successor
7 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 a Professional Services Agreement with Morris on April 14, 2014 for
11 professional services; and
12 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopment
13 Agency entered into a First Amendment to the Professional Services Agreement with Morris on July
14 7, 2014 and a Second Amendment to the Professional Services Agreement with Morris on
15 November 3, 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 amended
19 by written agreement executed by the parties; and
20 WHEREAS, the parties desire to enter into this Third Amendment to Professional Services
21 Agreement.
22 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
23 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Third
24 Amendment to Professional Services Agreement amends only those terms contained herein; such
25 terms not covered by this document remain in full force and effect as set forth in said Professional
26 Services Agreement of April 14, 2014, attached hereto as Exhibit"1".
27 2. Section 2. TERM AND TERMINATION is hereby amended to be extended from
28 June 30, 2015 to September 30, 2015.
1
2015-171
1 3. Section 5. COMPENSATION is hereby amended to increase the total amount of
2 authorized to pay for services performed by Consultant under the Agreement by $50,000. The total
3 compensation authorized by the Agreement is hereby amended to $284,999.00.
4 4. ENTIRE AGREEMENT. This Third Amendment to Professional Services
5 Agreement contains all of the terms to be so amended. Any correspondence, letters, documents or
6 discussion leading up to this Third Amendment to Professional Services Agreement which deals
7 with the terms contained herein are superseded by this Third Amendment to Professional Services
8 Agreement.
9 5. SEVERABILITY. If any part of provision of this Third Amendment to Professional
10 Services Agreement is in conflict or inconsistent with applicable provisions of federal, state, or city
11 statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction,
12 such part or provision shall be suspended and superseded by such applicable law or regulations, and
13 the remainder of this Third Amendment shall not be affected thereby.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ///
2
2015-171
1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
2 THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
3 REDEVELOPMENT AGENCY
4 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
5 executed by and through their respective authorized officers, as of the date first above written.
6
7 CITY OF SAN BERNARDINO, Acting as the
Successor Agency to the Former San
8 Bernardino Redevelopment Agency
9
Date: �D � By: ,
10 J. Parker, City Manager
11
12 CONSULTANT
13
14 Date: /Z- t By:
15 t James P. Morri
16
17 Approved as to Form:
18 Gary D. Saenz, City Attorney
19
20 By:
21
22
23
24
25
26
27
28
3