HomeMy WebLinkAbout2017-068MR
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RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING,,
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT WITH
URBAN FUTURES, INC., AND APPROVING CERTAIN RELATED1
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WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the proons of the HSC, on January 9, 2012 the Mayor and
Common Council of the City of San Bernardino elected to serve in the capacity of the Successor
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Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency");
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WHEREAS, Successor Agency and Urban Futures, Inc., a California corporation (the,
"Vendor"), previously entered into an original Vendor Services Agreement, dated August 15, 2016,,
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I for Redevelopment Wind -Down Services (the "Agreement") to be provided during fiscal year 2016-
117 (the "Term"); ani
WHEREAS, the Vendor has provided the Successor Agency with redevelopment wind-'
1i down services since 2012 and
WHEREAS, the Agreement's scope of services included certain program management and
general services to the Successor Agency (the "Vendor Services"), as more particularly described in
the Agreement, to be provided on a time and materials basis subject to a financial cap; and
WHEREAS, the costs for the Vendor's services have been considered administrative
expenses and have been funded from residual funds available from the Successor Agency's
administrative allocation derived from its Recognized Obligation Payment Schedule (the "RAPS");
and
WHEREAS, the California Department of Finance (the "DOF") approved $541,103 -worth
of funding for enforceable obligation No. 32, Successor Agency Administration, in the Successor
Agency's ROPS 16-17 A and B, which corresponds to fiscal year 2016-17; and
WHEREAS, after deducting the Successor Agency's direct administrative expenses, the
residual amount available from the approved administrative allocation equaled $279,000 during the
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ROPS 16-17 A and B period, which was allocated to the Agreement to fund the Vendor Services,
(the "Agreement Compensation Limit")- and
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WHEREAS, during the course of 'implementing the Agreement, the Successor Agency has
required the Vendor's services of the extent, volume and 'complex ity, and especially services relatedi
to the implementation of the Long -Range Property Management Plan (the "LRPMP"), that has -
caused the utilization of the Agreement Compensation Limit to occur at a pace that if not increased
will cause Vendor's services to cease during April 2017; and
WHEREAS, to assure that the Vendor's services will continue at the same pace and,
,volume throughout the term, it is necessary to amend the Agreement to increase the Agreement
Compensation Limit by $125,000 to a revised total of $404,000 (the "Amendment to Compensation
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WHEREAS, the DOF has approved $147,815 of financial resources for enforciii
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I obligation No. 130, i" `r` Implementation, in ROPS 16-17 A and B; and
WHEREAS, given that the total of Vendor's services related to LRPMP implementationi
during the Term are anticipated to exceed $125,000, the Successor Agency may fund the
Amendment to Compensation Limit from enforceable obligation No. 130, LRPMP Implementation;
WHEREAS, this Resolution will approve Amendment Number One to the Vendor
[ Services Agreement between the Successor Agency and the Vendor, a copy of which is attached to
this Resolution as Exhibit "A", and authorize certain related actions; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's
envirom-nental guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the environment,
per § 15378 (b) (5) of the CEQA Guidelines; and
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Charter.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Cit�A
� Council of the City of San Bernardino at a joint regular meeting thereof, held on the .17th dU,,of'11
15 2017, by the following vote, to wit:
Approved as to form:
Gary D. Saenz, City Attorney
By: -
11
I E -Mobil
AMENDMENT NUMBER ONE TO VENDOR SERVICES
AGREEMENT
THIS AMENDMENT NUMBER ONE TO VENDOR SERVICES
AGREEMENT (the "First Amended Agreement") is made as of the 17th day of
April 2017, by and between the Successor Agency to the Redevelopment
Agency of the City of San Bernardino (the "Successor Agency"), and Urban
Futures, Inc., a California corporation (the "Vendor"). Collectively, Successor
Agency and Vendor are referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, Successor Agency and Vendor previously entered into an
original Vendor Services Agreement, dated August 15, 2016, for Redevelopment
Wind -Down Services (the "Agreement") to be provided during fiscal year 2016-17
(the "Term"); and
WHEREAS, the Vendor has provided the Successor Agency with
redevelopment wind -down services since 2012; and
WHEREAS, the Agreement's scope of services included certain program
management and general services to the Successor Agency (the "Vendor
Services"), as more particularly described in Exhibit "A" to the Agreement, to be
provided on a time and materials basis subject to a financial cap; and
WHEREAS, the costs for the Vendor's services have been considered
administrative expenses and have been funded from residual funds available
from the Successor Agency's administrative allocation derived from its
Recognized Obligation Payment Schedule (the "ROPS"); and
WHEREAS, the California Department of Finance (the "DOF") approved
$541,103 worth of funding for enforceable obligation No. 32, Successor Agency
Administration, in the Successor Agency's ROPS 16-17 A and B, which
corresponds to fiscal year 2016-17; and
WHEREAS, after deducting the Successor Agency's direct administrative
expenses, the residual amount available from the approved administrative
allocation equaled $279,000 during the ROPS 16-17 A and B period, which was
allocated to the Agreement to fund the Vendor Services (the "Agreement
Compensation Limit"); and
WHEREAS, during the course of implementing the Agreement, the
Successor Agency has required Vendor Services of the extent, volume and
complexity, and especially services related to the implementation of the Long -
Range Property Management Plan (the "LRPMP"), that has caused the utilization
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of the Agreement Compensation Limit to occur at a pace that if not increased will
cause Vendor Services to cease during April 2017; and
WHEREAS, to assure that the Vendor Services will continue at the same
pace and volume throughout the Term, it is necessary to amend the Agreement
to increase the Agreement Compensation Limit by $125,000 to a revised total of
$404,000 (the "Amendment to Compensation Limit"); and
WHEREAS, the DOF has approved $147,815 of financial resources for
enforceable obligation No. 130, LRPMP Implementation, in ROPS 16-17 A and
B; and
WHEREAS, given that the total of Vendor Services related to LRPMP
implementation during the Term are anticipated to exceed $125,000, the
Successor Agency may fund the Amendment to Compensation Limit from
enforceable obligation No. 130, LRPMP Implementation; and
WHEREAS, it now becomes necessary to amend said Agreement and
the Parties are desirous of such amendment.
NOW, THEREFORE, in consideration of the mutual undertakings herein,
the Parties amend the Agreement as follows:
1. Section 2 a., Compensation and Expenses, is amended in its
entirety to read as follows:
"For the services delineated herein, the Successor Agency, upon
presentation of an invoice, shall pay the Vendor up to the amount of
$404,000 for the Vendor Services and expenses, as set forth and
more particularly described in Exhibit "A" to the Agreement and
provided during the Term."
2. All remaining provisions of the Agreement shall remain the same.
(Signatures on Following Page)
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IN WITNESS WHEREOF, the Successor Agency and Vendor have
approved this First Amended Agreement effective the day and year first above
written.
SUCCESSOR AGENCY:
Successor Agency to the
Redevelopment Agency of the
City of San Bernardino !
By:
e
(ea0. �1ikce-
Executive Dir ctor
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
AST:
T7:
Byt -'_4
Georgeann b4anna
City Clerk
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VENDOR:
Urban Futures, Inc.. a California
Corporation
By.
�"j 0
Michael P. Busch, President