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RESOLUTION (ID # 3788) DOC ID: 3788 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 04/20/2015
Pr epured by: Tanya Romo, (009) 384=
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a First Amendment to the Consultant Services Agreement with
Management Partners, Inc. Regarding the Bankruptcy Recovery Plan. (#3788)
Current Business Registration Certificate: Yes
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
November 17, 2014 - Resolution was approved authorizing an agreement for $300,000,
with Management Partners and the City of San Bernardino to prepare a Recovery Plan
for the City of San Bernardino as we continue to work through our current bankruptcy
process
Background:
Management Partners is assisting the City with developing a plan of adjustment for filing
with the bankruptcy court by managing the City's bankruptcy team, assisting with all
strategic planning activities and taking responsibility for the development of the plan of
adjustment. This amendment is required to enable Management Partners to continue
negotiations with our creditors and present a plan of adjustment to the court on or before
the May 30, 2015 deadline.
Financial Summary:
Staff proposes to move forward under the current hourly rates for Management Partners
with an amount not to exceed an additional $300,000. Based on the anticipated
workload, the 2014-15 budget, has sufficient resources to fund the additional services
needed for the balance of Fiscal Year 2014-15. The additional resources needed for
Fiscal Year 2015-16 will be funded through the 2015-16 Bankruptcy Fund budget.
City Attorney Review:
Supporting Documents:
First Amendment Management Partners Resolution (DOC)
agrmt 3788 (PDF)
Updated: 4/16/2015 by Georgeann "Gigi" Hanna A Packet Pg. 46
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5.D.a
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN �=
3 BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO o
THE !`(1NCTTi TA NT SERVICES AGREEMENT WiT ! F T P T S Z
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4 INC. REGARDING THE BANKRUPTCY RECOVERY PLAN. d
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized and directed to execute a First v
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9 Amendment to the Consultant Services Agreement with Management Partners, Inc. for
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10 professional services related to the Bankruptcy Recovery Plan.
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11 SECTION 2. The Finance Department is hereby authorized to increase the Purchase 0
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Order to Management Partners, Inc. by an additional amount of$300,000 for consultant
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14 services. M
L) 15 SECTION 3. The authorization granted hereunder shall expire and be void and of no
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16 further effect if the Agreement is not executed by both parties and returned to the Office of the
17 City Clerk within sixty(60) days following the effective date of this Resolution. c
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Packet Pg.47
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 THE CONSULTANT SERVICES AGREEMENT WITH MANAGEMENT PARTNERS,
INC. REGARDING THE BANKRUPTCY RECOVERY PLAN. r
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E
5 Common Council of the City of San Bernardino at a meeting thereof, held on
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the day of , 2015, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT v
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9 MARQUEZ
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VALDIVIA
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk n.
19 The foregoing Resolution is hereby approved this day of 52015. E
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22 R. Carey Davis,Mayor
City of San Bernardino
23 Approved as to form:
Gary D. Saenz, City Attorney a
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Packet Pg.48
5.D.b
I FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THl
2 CITY OF SAN BERNARDINO AND MANAGEMENT PARTNERS,INC.
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4 THIS FIRST AMENDMENT is made and entered into as of April 20, 2015 by and betwe
5 the CITY OF SAN BERNARDINO, a charter city ("CITY") and MANAGEMENT PARTNER
6 INC. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein,t Zo
7 parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes: Q
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9 a. On November 17, 2014, the City and Consultant entered into that certa
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10 agreement entitled "Consultant Services Agreement between the City of S, o
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11 Bernardino and Management Partners, Inc." ("Agreement") for$300,000.00.
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12 2. Section 7 Compensation is hereby amended to increase the amount from $300,000.00 a
13 an amount not to exceed $600,000.00.
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14 3. Except for the changes specifically set forth herein,all other terms and conditions of tl
15 Agreement shall remain in full force and effect.
16 IN WITNESS THEREOF, the parties hereto have caused this First Amendment to I �oo
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17 executed by and through their respective authorized officers, as of the date first above written. co
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19 CITY OF SAN BERNARDINO, CONSULTANT M
A Municipal Corporation Management Partners, Inc.
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21 By:
Allen Parker, City Manager Andy Belknap, Partner Q
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23 APPROVED AS TO FORM:
24 Gary D. Saenz, City Attorney
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26 By: .�
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Packet Pg.49