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HomeMy WebLinkAboutItem No. 19 - Amendment No. 2 to Professional Services Agreement Consent Calendar City of San Bernardino Request for Council Action Date: June 17, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Amendment No. 2 to Professional Services Agreement Recommendation Adopt Resolution 2020-138 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 2 to Professional Services Agreement for accounting consultant services between the City of San Bernardino and Annie Clark, in an amount not to exceed $92,200; and authorize the City Manager or designee to take any further actions as necessary to effectuate the agreement. Background ltant, Ms. Annie Clark, began consulting with the City of San Bernardino (City) in January 2016. She provides finance services to the Housing Division with a primary focus on fiscal administration of the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), Neighborhood Stabilization Programs (NSG), HOME Investment Partnerships Program and the Low/Mod Housing Fund. The Housing Division has regained fiscal stability with the assistance of Ms. Clark and she has made excellent progress at clearing many of the audit findings noted by the auditors, relative to various federal grant programs the City receives. brary, Parks, Recreation & Community Services, the Police Department and Public Works. The City has a continuing need in Discussion Ms. Clark has been instrumental in providing the required accounting assistance that has enabled the City to make substantial progress in improving the fiscal administration of the HUD related grant programs noted above. There are also many other grant programs that greatly benefit from her significant experience in working with the myriad of special requirements that grant funds require for their acceptance and ongoing management. Ms. Clark is exceptionally qualified to assist in the accounting, reporting and financial management of HUD-related funding sources, state-funded grants, police grants and social service grants such as the Senior Nutrition Program. Her current contract will conclude on June 30, 2020. Amendment No. 2 will allow both the Community & Economic Development and Finance Departments to continue to Page 1 6739 Division and 30% to the Finance Department, in order to accommodate a broader focus on citywide grants administration. Utilizing Ms. Clar result in continuity of the ongoing work with the audit clean up and the grant programs. 2020-2025 Key Strategic Targets and Goals The proposed consultant services agreement aligns with Key Target No. 1: Financial Stability effective management and reporting of grants received by the City. Fiscal Impact ed $92,200. Sufficient resources have been included in the FY 2020/21 Proposed Budget to fund the agreement; funding will be allocated 70% from CDBG (Community & Economic Development account 119-180-2002*5502) and 30% from the General Fund (Finance account 001-120-0039*5502). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-138, authorizing the execution of Amendment No. 2 to Professional Services Agreement for accounting consultant services between the City of San Bernardino and Annie Clark, in an amount not to exceed $92,200; and authorizing the City Manager or designee to take any further actions as necessary to effectuate the agreement. Attachments Attachment 1 Resolution 2020-- Amendment No. 2 to the PSA between the City of San Bernardino and Annie Clark Dated July 1, 2020 Attachment 2 Executed 2018 Professional Services Agreement Attachment 3 Amendment No. 1 to Professional Services Agreement Ward: All Synopsis of Previous Council Actions: March 7, 2017 Resolution No. 2017-28 Mayor and City Council authorized the first amendment to the Professional Services Agreement with Ms. Clark in an amount not to exceed $84,000. June 21, 2017 Resolution No. 2017-110 Mayor and City Council authorized the second amendment to the Professional Services Agreement with Ms. Clark for accounting consultant services not to exceed $90,000. June 6, 2018 Resolution No. 2018-144 Mayor and City Council authorized a new Professional Services Agreement with Ms. Clark in an amount not to exceed $88,000. Page 2 6739 May 1, 2019Mayor and City Council authorized the execution of Amendment No. 1 to Professional Services Agreement with Ms. Clark in an amount to exceed $91,200. Page 3 RESOLUTION NO. 2020-138 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK FOR ACCOUNTING CONSULTANT SERVICES WHEREAS, on March 7, 2017, at the direction of the Mayor and City Council, the City Manager executed the first amendment to the Professional Services Agreement between the City of San Bernardino and Annie Clark in an amount no to exceed $84,000 for accounting consultant services; and WHEREAS, on June 21, 2017, at the direction of the Mayor and City Council, the City Manager executed the second amendment to the Professional Services Agreement between the City of San Bernardino and Annie Clark in an amount no to exceed $90,000 for accounting consultant services; and WHEREAS, on June 6, 2018, at the direction of the Mayor and City council, the City Manager executed a new Professional Services Agreement with Annie Clark in an amount not to exceed $88,000 ; and WHEREAS, on May 1, 2019, at the direction of the Mayor and City council, the City Manager executed the first amendment to the Professional Services Agreement between the City of San Bernardino and Annie Clark in an amount no to exceed $91,200 for accounting consultant services; and WHEREAS, there is a continued need for accounting consulting services relative to the grans management and accounting functions performed by Annie Clark. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the Second Amendment to the Professional Services Agreement with Annie Clark and take any further actions as necessary to effectuate the agreement attached to this Resolution as Exhibit A. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Resolution No. 2020-138 SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 17th day of June 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: ____________________________________ Sonia Carvalho, City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-138, adopted at a regular meeting held on the 17th day of June 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of June 2020. Genoveva Rocha, CMC, Acting City Clerk AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK This Amendment No. 2 to the Professional Services Agreement Second is made and entered into this ___ day of June 2020 R ECITALS WHEREAS, the City and Consultant entered into a Professional Services Agreement on June 6, 2018, setting forth the terms and conditions under which Consultant would perform WHEREAS, on July 1, 2019 the Parties extended the term of the Agreement to June 30, 2020 and modified compensation to $87,500 First Amendment; and WHEREAS, now the Parties wish to extend the term of the Agreement, as amended by the First Amendment, to June 30, 2021 o $91,200. T ERMS 1. Section 1.9. A new Section 1.9 is added to the Agreement to read as follows: 1.9 Insurance. Consultant shall not commence work for the City until Consultant has provided evidence satisfactory to the City and has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until subcontractor has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under the Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: 1 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give the City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under the Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage, including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 2 (iii) The policy shall give the City, its elected and appointed officials, officers, employees, agents and City-designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. (i) Consultant certifies that she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by her to carry out the work contemplated under this Agreement, all in accordance with State of California and any acts amendatory thereof, in amounts indicated herein. Consultant shall require all subconsultants to obtain and the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement, the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the ion establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage 3 Automobile Liability $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or surance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or 4 not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives her own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverag obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (1) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (2) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may cancel this Agreement. (iii) The City may require Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 5 (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 2. Execution of Amendment. In accordance with Section 4.14 of the Agreement, this Second Amendment shall only be effective upon the execution by the City and Consultant. 3. Counterparts. This Second Amendment may be executed in counterparts. 4. Entire Agreement. This Second Amendment represents the entire understanding of the City and the Consultant as to those matters contained in this Second Amendment, and supersedes and cancels any prior oral or written understanding, promises or representatives with respect to those matters covered in this Second Amendment, and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto. 5. Full Force and Effect. Except as amended by this Second Amendment, all other provisions of the Agreement, as amended by First Amendment, remain in full force and effect. From and after the date of this Second Amendment, whenever the te the Agreement, it shall mean the Agreement as amended by the First Amendment and this Second Amendment. 6. Severability. If any provision of this Second Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Second Amendment unless elimination of such provision materially alters the rights and obligations set forth herein. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. CITY CONSULTANT ___________________________________ ___________________________________ Teri Ledoux, City Manager Annie Clark 6