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DOC ID: 3537
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Waive Reading
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 11/03/2014
Prepared by: Linda Sutherland, (909)
384-5002
Dept: City Clerk Ward(s): All
Subject:
Waive Full Reading of Resolutions and Ordinances (#3537)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Waive full reading of resolutions and ordinances on the agenda dated
November 3, 2014.
Synopsis of Previous Council Action:
None.
Background:
None.
Supporting Documents:
Updated: 10/29/2014 by Georgeann "Gigi" Hanna Packet Pg. 9
5.B--
RESOLUTION (ID # 3548) DOC ID: 3548
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 11/03/2014
Prepared by: Allen Parker, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Agency to the San Bernardino Redevelopment Agency Approving the
Second Amendment to the Professional Services Agreement with James P. Morris.
(#3548)
Current Business Registration Certificate: Yes
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 14, 2014, the City of San Bernardino acting as the Successor Agency to the
former Redevelopment Agency (Successor Agency) entered into a Professional
Services Agreement with Mr. James P. Morris, to assist with the wind down of the
former Redevelopment Agency of the City of San Bernardino in an amount of $24,999.
On July 7, 2014, the City of San Bernardino acting as the Successor Agency to the
former Redevelopment Agency (Successor Agency) authorized the First Amendment to
the Professional Services Agreement with Mr. James P. Morris, to assist with the wind
down of the former Redevelopment Agency of the City of San Bernardino in an amount
of $85,000.
Background:
The Successor Agency acquired the services of Mr. Morris to assist the Executive
Director in matters related with the wind down of the former Redevelopment Agency.
Mr. Morris has been working closely with Urban Futures, Inc, to ensure that the
Successor Agency is on track in meeting the requirements of the Dissolution Act. As
the Successor Agency's primary contact with the Department of Finance (DOF), Mr.
Morris' knowledge and history of the former Redevelopment Agency has been effective
in addressing issues relating to the Recognized Obligation Payment Schedule (ROPS)
and the Due Diligence Reports (DDRs). In addition to the DOF, Mr. Morris will work
closely with the Oversight Board, the State Controller's Office (SCO), and the County
Auditor-Controller (CAC).
Due to the complex nature of the Agency, it is important to the Successor Agency that
Mr. Morris work directly with the DOF and Successor Agency staff through the wind
Updated: 10/29/2014 by Georgeann "Gigi" Hanna Packet Pg. 10
3548
down process; therefore, staff is recommending that the City, approve and authorize an
extension to the Professional Services Agreement with Mr. Morris through June 30,
2015. Compensation shall be increased by $125,000.
City Attorney Review:
Supporting Documents:
Second Amendment to PSA with Jim Morris (DOCX)
agrmt 3548 (PDF)
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Updated: 10/29/2014 by Georgeann "Gigi" Hanna Packet Pg. 11
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO u►
3 REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDMENT TO THE o
4 PROFESSIONAL SERVICES AGREEMENT WITH JAMES P.MORRIS. 2
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5 WHEREAS,on January 9,2012,the Mayor and Common Council of the City of San Bernardino E
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6 ("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino would be the
7 Successor Agency to the Redevelopment Agency ("Agency") of the City of San Bernardino ("Successor
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8 Agency") effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolution m
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9 Act); and
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10 WHEREAS, the Successor Agency has been established pursuant to the California Health an
11 Safety Code to wind-down the affairs of the dissolved redevelopment agency pursuant to ABx1 26;and cn
12 WHEREAS, James P. Morris has specialized expertise, knowledge and skills regarding the San
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13 Bernardino Redevelopment Agency; w
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14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL °
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15 OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY 00
16 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS n
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17 FOLLOWS: c
SECTION 1: The City Manager is hereby authorized and directed to execute the Second E
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Amendment to the Professional Services Agreement with James P. Morris to provide assistance to the
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Successor Agency relative to the wind down of the former San Bernardino Redevelopment Agency at a <
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cost of$125,000. A copy of said Second Amendment to Professional Services Agreement is attached r
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hereto as Exhibit"A"and incorporated herein by reference.
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SECTION 2: The authorization to execute the above referenced Second Amendment t c
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23 professional Services Agreement is rescinded if the parties to the Amendment do not execute it within 60
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24 days of the passage of this Resolution. 0
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
2 REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH JAMES P.MORRIS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an a
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Common Council of the City of San Bernardino, acting as the Successor Agency of the former E
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7 Redevelopment Agency at a meeting thereof, held on the day o 3
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8 ,2014,by the following vote,to wit:
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9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
11 BARRIOS as
12 VALDIVIA
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14 NICKEL 0.
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15 JOHNSON 00
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Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of 92014. w
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22 R. Carey Davis, Mayor a
Approved as to Form: City of San Bernardino d
23 Gary D. Saenz, City Attorney a
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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
t BETWEEN JAMES P. MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
2 REDEVELOPMENT AGENCY
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THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is made and
5 entered into this day of 2014 by and between the CITY OF SAN,
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6 BERNARDINO (City), acting as the Successor Agency to the San Bernardino Redevelopment 0
7 Agency("Successor Agency"), and James P. Morris, an individual, ("Morris" or"Consultant"). H
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8 WITNESSETH
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9 WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmen 3
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10 Agency entered into an Professional Services Agreement with Morris on April 14, 2014, fo:
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professional services; and a
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WHEREAS, City acting as the Successor Agency to the San Bernardino Redevelopmen
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Agency entered into a First Amendment to the Professional Services Agreement with Morris of
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July 7, 2014; and
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16 WHEREAS, Morris, asserts that he remains competent, trained and qualified to provid a
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17 such professional services; and 00
REAS, Section 12 of the aforesaid Agreement allows such agreement to b. M
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19 amended by written agreement executed by the parties; and 0'
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20 WHEREAS, the parties desire to enter into this Second Amendment to Profession
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21 Services Agreement.
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22 NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
23 1. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT. This Secon
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Amendment to Professional Services Agreement amends only those terms containe
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herein; such terms not covered by this document remain in full force and effect as sE
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forth in said Professional Services Agreement of April 14, 2014, attached hereto as
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Exhibit"1".
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4 2. Section 2. TERM. AND TERMINATION is hereby amended to be extended
5 through June 30, 2015.
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6 3. Section 5. COMPENSATION is hereby amended to increase the total amount to be °
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7 : paid by $125,000.00. The total fee is hereby amended to $234,999.00.
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8 4. ENTIRE AGREEMENT. This Second Amendment to Professional Services s
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Agreement contains all of the terms to be so amended. Any correspondence, letters, documents =
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or discussion leading up to this Second Amendment to Professional Services Agreement which L
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deals with the terms contained herein are superseded by this Second Amendment to Professional d
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Services Agreement.
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5. SEVERABILITY. If any part or provision of this Second Amendment ta; c
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15 Professional Services Agreement is in conflict or inconsistent with applicable provisions o 0
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16 federal, state, or city statutes, or it is otherwise held to be invalid or unenforceable by any co
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17 of competent jurisdiction, such part or provision shall be suspended and superseded by such co
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18 applicable law or regulations, and the remainder of this Second Amendment shall not be affected
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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
1 BETWEEN JAMES P.MORRIS AND THE CITY OF SAN BERNARDINO,ACTING AS
THE SUCCESSOR AGENCY TO THE SAN BERNARDINO
2 REDEVELOPMENT AGENCY
3 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
4 be executed by and through their respective authorized officers, as of the date first above written.'
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5 CITY OF SAN BERNARDINO,
6 Acting as the Successor Agency to the `o
Former San Bernardino Redevelopment
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Date:
8 By: !�
Allen J. Parker, City Manager
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10 CONSULTANT E
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12 Date: By:
James P. Morris i .2
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14 Approved as to Form: c
Gary D. Saenz, City Attorney
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