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City of San Bernardino
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Request for Council Action
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Date: June 21, 2017 =
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To: Honorable Mayor and City Council Members
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From: Mark Scott, City Manager
Subject: First Amendment to the Professional Services Agreement cn
between the City of San Bernardino and Dan Webster �o
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Recommendation n
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, o
California, approving the First Amendment to the Professional Services Agreementa.
between the City of San Bernardino and Dan Webster.
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Background
The City of San Bernardino and Dan Webster previously entered into a Professional
Services Agreement, dated July 1, 2016. During this period, Mr. Webster has provided
the City with overall management related to the relocation of City Hall. a
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Discussion U-
On July 1, 2016, the City Manager authorized a Professional Services Agreement
(Exhibit A) between the City of San Bernardino and Dan Webster in an amount not to
exceed $49,999. Dan Webster was engaged at a critical time to assist in providing LaLa
overall administration of the relocation of City Hall. o
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Staff has identified the need to amend the agreement to extend the contract by an
additional $60,720.
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Fiscal Impact
If approved, the amount would be not to exceed $60,720, for a total contract amount of
$110,719. Based on the anticipated costs, there are sufficient salary savings to fund the
additional services needed for the balance of Fiscal Year 2016-17.
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Conclusion N
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Staff recommends the Mayor and City Council adopt the Resolution approving the First
Amendment to the Professional Services Agreement.
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Attachments
Attachment 1 — Resolution; Exhibit A- First Amendment to the Professional Services
Agreement. N
Attachment 2 — Consultant Services Agreement dated July 1, 2016.
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Ward: N/A
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Synopsis of Previous Council Actions: None
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I RESOLUTION NO. 2017-
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
3 THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT c
4 BETWEEN THE CITY OF SAN BERNARDINO AND DAN WEBSTER. o
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5 WHEREAS, on July 1, 2016, the City Manager authorized a Consultant Services
6 Agreement between the City of San Bernardino and Dan Webster in an amount not to exceed d
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7 $49,999 for services to be perfonned at the direction of the City Manager; including, but not limited a
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8 to the relocation of City Hall; and
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9 WHEREAS, Dan Webster has specialized expertise, knowledge and skills to perform such N
10 duties. •0N
11 NOW, THEREFORE, BE 1T RESOLVED BY THE MAYOR AND CITY COUNCIL
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12 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
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13 SECTION 1. The City Manager is hereby authorized and directed to execute the First
14 Amendment to the Professional Services Agreement with Dan Webster for his continued services to
15 the City, and increase the amount of the contract by $60,720, for a total amount not to exceed
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16 $110,719. A copy of said First Amendment to Professional Services Agreement is attached hereto U-
17 as Exhibit "A"and incorporated herein by reference. c
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18 SECTION 2. The authorization to execute the above referenced First Amendment to
19 Professional Services Agreement is rescinded if the parties to the Amendment do not execute it W
20 within 60 days of the passage of this Resolution. Q
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
2 THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
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3 BETWEEN THE CITY OF SAN BERNARDINO AND DAN WEBSTER.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and w
5 City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the _
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day of 2017, by the following vote, to wit: a,
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ N
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10 BARRIOS 0
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I1 VALDIVIA a
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SHORETT S
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NICKEL E
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15 RICHARD a
16 MULVIHILL LL
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18 Georgeann Hanna, CMC, City Clerk
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20 The foregoing Resolution is hereby approved this_day of_2017. a
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22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form:
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24 Gary D. Saenz, City Attorney
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26 By:
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I FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
2 BETWEEN THE CITY OF SAN BERNARDINO AND DAN WEBSTER
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4 THIS FIRST AMENDMENT is made and entered into as of June 21,2017,by and o
5 between the CITY OF SAN BERNARDINO ("CITY") and DAN WEBSTER 3
6 ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth E
7 herein,the parties agree as follows:
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8 1. This Amendment is made with respect to the following facts and purposes:
9 a. On July 1, 2016, the CITY and CONSULTANT entered into that 4)
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10 certain agreement entitled "Professional Services Agreement between c
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11 the City of San Bernardino and Dan Webster." ("Agreement') for
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12 $49,999. a
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13 2. Section 3.0 Compensation is hereby amended to increase the amount by c
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14 $60,720 for a total amount not to exceed $110,719. d
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15 3. Except for the changes specifically set forth herein, all other terms and d
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16 conditions of the Agreement shall remain in full force and effect. Q
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18 IN WITNESS THEREOF,the parties hereto have caused this First Amendment to
19 be executed by and through their respective authorized officers, as of the date first above F
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20 written. w
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22 CITY OF SAN BERNARDINO CONSULTANT a
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23 By: By: N
Mark Scott Dan Webster
24 City Manager Consultant =
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APPROVED AS TO FORM: 3
26 Gary D. Saenz, City Attorney <
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1 PROFESSIONAL SERVICES AGREEMENT BETWEEN
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2 THE CITY OF SAN BERNARDINO AND DAN WEBSTER
3 THIS AGREEMENT is made and entered into this 1st day of July, 2016 ("Effective
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4 Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and E
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5 DAN WEBSTER ("WEBSTER"). a
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6 WITNESSETH:
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7 WHEREAS, the City Manager has determined that is advantageous and in the in
8 best interest of the City to engage a professional consultant to assist the City by providing o
9 professional services to be performed at the direction of the City Manager; including, but !
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10 not limited to the relocation of City Hall. .
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I1 WHEREAS, WEBSTER asserts that he is qualified and possesses the o
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12 professional skills to provide said services; and
13 WHEREAS, the parties desire to enter into this Agreement to outline the duties
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14 and responsibilities of the parties, a
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15 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: LL
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16 1. SCOPE OF SERVICES. WEBSTER is hereby retained to perform professional o
17 services to the City related to the relocation of City Hall. WEBSTER will perform duties at N
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18 the direction of the City Manager. W
19 2. TERM. The term of this Agreement shall begin on July 1, 2016 and terminate on
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20 June 30, 2017. ~
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21 3. COMPENSATION AND EXPENSES. For the term of this Agreement, WEBSTER y
22 shall be compensated for his services at $115.00 per hour. WEBSTER shall not be
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23 entitled to any compensation, leave accruals, retirement or other benefits beyond the o
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24 aforementioned hourly rate of pay. WEBSTER shall be entitled to reimbursement for 3
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25 expenses incurred as part of this agreement. In no event shall the total amount paid to a
26 WEBSTER exceed $49,999.00.
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1 5. TERMINATION. Under the terms of this Agreement, WEBSTER serves as an
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2 "at will" employee and may be terminated at any time, with or without cause, and
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3 WEBSTER may resign at any time. Nothing in this Agreement shall be construed as
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4 creating any vested right in employment with the CITY.
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5 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement between a
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6 the parties. Any correspondence, letters, documents, or discussions leading up to this
7 Agreement or in any way made between the parties or their agents are replaced and Un
8 superseded by this Agreement. c
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9 7. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable c
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10 laws of the United States of America, the State of California, and all other applicable laws.
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11 8. GOVERNING LAW. This Agreement shall be enforced and interpreted under the °
12 laws of the State of California.
13 9. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing
14 party shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the N
15 City Attorney and members of his/her office in enforcing this contract on behalf of the `-
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16 CITY shall be considered "attorney's fees" for the purposes of this paragraph.
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17 10. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court
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18 of law, such provision shall be considered severable, and the remainder of this
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19 Agreement or any provision hereof shall not be affected.
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20 11. WAIVER. Failure of either party to enforce any provision of this Agreement shall a
21 not constitute a waiver of the right to compel enforcement of the remaining provisions of
22 this Agreement.
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1 12. AMENDMENT. This Agreement may only be amended by a written instrument
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2 executed by the parties hereto, and may not be amended by oral agreement.
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3 13. ASSIGNMENT. This Agreement shall not be assigned by WEBSTER, without
4 prior written consent of the City.
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6 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
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7 day and date first above written. y
8 Date: Ot 2017 DAN WEBSTER
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Date: ,/ �t , 2017 CITY OF SAN BERNARDINO
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14 By: z � 12
Mark Scott, City Manager LL
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19 APPROVED AS TO FORM:
20 Gary D. Saenz, City Attorney a
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21 By:
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