HomeMy WebLinkAbout2017-2151
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RESOLUTION NO. 2017-215
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE VENDOR
SERVICES AGREEMENT BETWEEN OVERLAND PACIFIC & CUTLER, INC. AND
THE CITY OF SAN BERNARDINO FOR RELOCATION SERVICES AT THE
CAROUSEL MALL AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, on October 17, 2016, by Resolution 2016-220 the Mayor and Common
Council authorized the City Manager to execute that certain agreement entitled "Vendor Services
Agreement with Overland, Pacific & Cutler, Inc." (the "Agreement") for relocation services with
respect to the Carousel Mall; and
WHEREAS, although Overland, Pacific and Cutler, Inc. (the "OPC") has nearly
`completed its scope of services, it has encountered unanticipated complications and delays in
I completing certain tenant settlement agreement negotiations; and
WHEREAS, to complete the remaining tenant settlement agreement negotiations and to
I finish the Agreement's scope of services, OPC has requested a $10,400 budget supplement to the
Agreement (equal to a 10% increase); and
WHEREAS, adoption of this Resolution will approve the First Amendment to the
I Agreement, a copy of which is attached hereto as Exhibit "A", which will increase the amount
authorized under the Agreement by $10,400 (from $104,000 to $114,400); 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 "Guidelines"), and the City's environmental
guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
term is defined by Guidelines § 15378, because this Resolution is an organizational or
I administrative activity that will not result in a direct or indirect physical change in the environment,
per § 15378 (b) (5) of the Guidelines; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
1 been met.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of this
I Resolution.
Section 2. The First Amendment to the Vendor Services Agreement, a copy of which is
attached hereto as Exhibit "A", is approved.
Section 3. The City Manager, or her designee, is authorized and directed to: i) execute the
First Amendment to the Vendor Services Agreement on behalf of the City; and ii) authorize a
1 $10,400 increase in Purchase Order 2018-00000483 for a total amount not to exceed $114,400.
Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is defined
by 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
I Guidelines.
Section5. The authorization granted hereunder shall expire and be void and of no fui
effect if the First Amendment to the Vendor Services Agreement is not executed by both parties
returned to the Office of the City Clerk within sixty (60) days following the effective date of
I Resolution.
Section 6. This resolution shall take effect upon its adoption and execution in the manner
as required by the City's Municipal Code.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE FIRST AMENDMENT TO THE VENDOR
SERVICES AGREEMENT BETWEEN OVERLAND PACIFIC & CUTLER, INC. AND
THE CITY OF SAN BERNARDINO FOR RELOCATION SERVICES A THE
CAROUSEL MALL AND APPROVING CERTAIN RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor a
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the I' day
November 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
I BARRIOS X
VALDIVIA X(M)
I SHORETT X(S)
I NICKEL X
RICHARD X
[ MULVIHILL X
ABSTAIN ABSENT
Georgean anna, CMC, -City Clerk
The foregoing Resolution is hereby approved this I" day of November 2017.
R. Carey Davis, ayor
City of San B iardino
Approved as to form:
Gary D. Saenz, City Attorney
By: l �
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First Amendment to the Vendor Services Agreement
with Overland, Pacific & Cutler, Inc.
(See Attachment)
0
EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
OVERLAND, PACIFIC & CUTLER, INC.,
FOR RELOCATION SERVICES
This First Amendment to Vendor Services Agreement (the "First Amendment") is made and
entered into as of November 1, 2017 by and between the City of San Bernardino, a Charter City
organized under the laws of the State of California, with an address of 290 North D Street, San
Bernardino, California (the "CITY"), and Overland Pacific & Cutler, Once "VENDOR")
(individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and
VENDOR may be referred to as the "PARTIES").
WITNESSETH:
WHEREAS, on October 17, 2016, by Resolution 2016-220 the Mayor and City Council of
the CITY authorized the City Manager to execute that certain agreement entitled "Vendor
Services Agreement between the City of San Bernardino and Overland, Pacific & Cutler, JnC." LLL
(the "Agreement") for relocation services for the Carousel Mall (the "Relocation Project"); and
WHEREAS, pursuant to the Agreement, Vendor's budget for completing the Relocation
Project was established at $104,000; and
LLC.
WHEREAS, although Overland, Pacific and Cutler, fie. (the "OPC") has nearly completed
its scope of services, it has encountered unanticipated complications and delays in completing
certain tenant settlement agreement negotiations; and
WHEREAS, to complete the remaining tenant settlement agreement negotiations and to
finish the Agreement's scope of services, OPC has requested a $10,400 budget supplement to
the Agreement (equal to a 10% increase); and
WHEREAS, due to the unanticipated complications and delays, the PARTIES concur that
additional budget authority is required to enable OPC to complete the Relocation Project; and
WHEREAS, it now becomes necessary to amend said Agreement and the Parties are
desirous of such amendment.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 2. Compensation and Expenses, the first sentence of paragraph a.is amended in its
entirety to read as follows:
"For the services delineated above, the CITY, upon presentation of an invoice, shall pay the
VENDOR up to the aggregate amount of $114,400 for the services and expenses set forth in
Exhibit "A", attached hereto and incorporated herein."
2. Except for the changes specifically set forth herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
OVERLAND, PACIFIC & CUTLER, INC.,
FOR RELOCATION SERVICES
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.
Dated: 11 I (�b C -)-0 l-�
Dated: iI `'Z'1 IZo"
Approved as to Form:
Gary D Saenz, City Attorney
By.
CITY OF SAN BERNARDINO
By: I vdkJL ddx.
Andrea M. Miller, City Manager
CONSULTANT
Overlan Naeff c, & Cutler, Jive- LLA -
By:
BRIA"
ATTEST:
(' � ee�- e- -� r�zi
GeorgeanrLjl anna, CMC, Clerk