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HomeMy WebLinkAbout05.G- Execution of Amendment No. 1 Consultant Services Agreement with Eco Tierra Consulting 5.G RESOLUTION (ID # 4349) DOC ID: 4349 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Mark Persico M/CC Meeting Date: 03/21/2016 Prepared by: Brenda Leggitt, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. (#4349) Current Business Registration Certificate: Not Applicable Financial Impact: None. Amendment No. 1 extends the term of the agreement but does not increase the budget amount. Motion: Adopt the Resolution. Synopsis of Previous Council Action: May 3, 1991 - The Mayor and Common Council adopted Ordinance 782 approving a Comprehensive Development Code Update. November 1, 2005 - The Mayor and Common Council adopted the General Plan Update. July 21, 2014 - The Mayor and Common Council authorized the issuance of a Request for Proposals to Update the City's Development Code. November 3, 2014 - The Mayor and Common Council adopted Resolution 2014-380 authorizing the execution of a Consultant Service Agreement with Eco Tierra Consulting, Inc. To prepare a Comprehensive Development Code Update. December 21, 2015 - The Mayor and Common Council approved an extension of time to Consulting Services (Amendment No. 1). Background: On November 3, 2014, the Mayor and Common Council approved Resolution 2014-380 authorizing the execution of a Consultant Services Agreement with Eco Tierra Consulting, Inc. To prepare a Comprehensive Development Code Update for an amount not to exceed $160,000. The Community Development Department has a budget of $160,000 for completion of Updated: 3/17/2016 by Jolena E. Grider I Packet Pg. 183 4349 the Development Code Update. Originally, staff anticipated completing the Code update by February, 2016. Unfortunately, the update has taken longer than anticipated due to staff turnover and shifting priorities. The new date of completion is March 31, 2017. The Department is requesting an extension of the contract term to March 31, 2017. There is no increase in the budgeted amount. This item is coming back to Common Council for re-approval since due to clerical errors the Amendment approved in December was not signed within the requisite 60 days. City Attorney Review: Supporting Documents: Resolution (DOC) Agrmt. 4349 (PDF) Updated: 3/17/2016 by Jolena E. Grider Packet Pg. 184 5.G.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 3 TO THE CONSULTANT SERVICES AGREEMENT WITH ECO TIERRA 4 CONSULTING, INC. TO PREPARE A COMPREHENSIVE DEVELOPMENT CODE UPDATE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: _ 7 8 SECTION 1. The City Manager is hereby authorized and directed to execute an _ 9 Amendment No. 1 to the Consultant Services Agreement with Eco Tierra Consulting, Inc. for ci L L 10 a Comprehensive Development Code Update, attached hereto as Exhibit "A" and incorporated 0 11 0 herein. w 12 c SECTION 2. The Director of Finance, or designee, is hereby authorized to continue E 13 L 14 the purchase order for services related to the Comprehensive Development Code Update to Q w 0 15 Eco Tierra Consulting, Inc. for a total not to exceed $160,000.00 out of account number 001- o c 16 180-0029-5502 through March 31, 2017. x w 17 M M 18 -- /// o 19 20 21 22 E 23 a 24 25 26 27 28 1 FPacket Pg. 185 5.G.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 2 TO THE CONSULTANT SERVICES AGREEMENT WITH ECO TIERRA CONSULTING, INC. TO PREPARE A COMPREHENSIVE DEVELOPMENT CODE 3 UPDATE. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting c 7 C5 thereof, held on the day of , 2016,by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT v L L 10 MARQUEZ 0 11 BARRIOS "j 12 = VALDIVIA E 13 SHORETT 14 �- 0 15 NICKEL o N _ 16 RICHARD x w 17 MULVIHILL M 18 _ 19 ° Georgeann Hanna, City Clerk o 20 21 The foregoing resolution is hereby approved this day of , 2016. a 22 U fC 23 R. Carey Davis, Mayor Q 24 City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney, 27 By: 28 2 Packet Pg. 186` 5.G.b AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT WITH ECO-TIERRA CONSULTING, INC. THIS AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT WITH ECO-TIERRA CONSULTING, INC ("Amendment") is made between Eco-Tierra Consulting, Inc. ("Company") and the City of San Bernardino(The "City") on March 21,2016. WHEREAS, the parties wish to amend the Consultant Services Agreement that was = entered into on November 3, 2014 ("Agreement") to extend the term of the agreement for Community Development Services; N 0 NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: F- 0 U 1. This Amendment is made with respect to the following facts and purposes: u' a. On November 3, 2014 the City and Company entered into an agreement to prepare a Comprehensive Development Code Update. E 2. Section 3.1 Term is hereby amended to read... "and shall terminate on March 31, L 2017, unless the Agreement is previously terminated as provided for herein. a 3. Except for the changes specifically set forth herein, all other terms and conditions of c the Agreement shall remain in full force and effect. o as IN WITNESS THEREOF, the parties hereto have caused this Amendment Number One w to be executed by and through their respective authorized officers, as of the date first above written. M CITY OF SAN BERNARDINO VENDOR M A Municipal Corporation Eco-Tierra Consulting, Inc. E Q By: By: a City Manager APPROVED AS TO FORM: a Gary D. Saenz, City Attorney By: CA—t,,, Packet Pg. 187