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HomeMy WebLinkAbout05.F- City Manager S.F.a c NA Consent Calendar City of San Bernardino Request for Council Action °�'�►�n tri�� Date: January 23, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manage By; Tanya Romo, Assistant to the City Manager a Subject: First Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates L Recommendation `L Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, o California, approving the First Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates. o a Background Flores & Associates provides general administration of the City's Housing Division. They have specialized expertise, knowledge and skills regarding Housing; including, but o not limited to administration of Federal and State housing and community development a programs, coordination with other local housing programs, provision of homeless 06 services, and management of professional and office staff functions. L Q Discussion On September 6, 2016, the City Manager authorized a Consultant Services Agreement a between the City of San Bernardino and Flores & Associates in an amount not to exceed $49,999. Flores & Associates was engaged at a critical time to assist in Q providing overall administration of housing programs including administration of the City's Community Development Block Grant (CDBG) program funds and other housing r funds and assets, during the transition of staff. a Staff has identified the need to amend the agreement to extend the contract by an additional $80,500 for continued services in the Housing Division. Specifically, it is proposed the contract be extended to enable staff to recruit for and retain a qualified individual to lead the Housing Division. It is anticipated the recruitment and selection process will be completed by the end of the fiscal year. Packet Pg.82 Fiscal Impact If approved, the amount would be not to exceed $80,500, for a total contract amount of $130,499. Based on the anticipated costs, there are sufficient salary savings to fund the additional services needed for the balance of Fiscal Year 2016-17. Conclusion Staff recommends the Mayor and City Council adopt the Resolution approving the First Amendment to the Consultant Services Agreement. Attachments -Q Attachment 1 — Resolution; Exhibit A- First Amendment to the Consultant Services 4)-W Agreement. U 0 Attachment 2 — Consultant Services Agreement dated September 6, 2016. Ward:N/A U- Synopsis of Previous Council Actions: None CO 0 0 06 O 0 CO n.E U AOW4h' Ar A Pacrei Pg. 83 �i�■r`rr. •r�r 5.F.b 1 RESOLUTION NO. 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 CONSULTANT SERVICES AGREEMENT 4 BETWEEN THE CITY OF SAN BERNARDINO AND FLORES & ASSOCIATES. 5 WHEREAS, on September 6, 2016, the City Manager authorized a Consultant Services 6 Agreement between the City of San Bernardino and Flores &Associates in an amount not to exceed 7 $49,999 for general administration of the City's Housing Division; and 0 8 WHEREAS, there is a continued need for administrative services in the Housing Division; N a 9 and c �a 10 WHEREAS, Flores & Associates has specialized expertise, knowledge and skills including, o U- 11 but not limited to administration of Federal and State housing and community development 0 M 12 programs, coordination with other local housing programs and grants, provision of homeless 7 r- 13 services, and management of professional and office staff functions. 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL 15 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: _ 16 SECTION 1: The City Manager is hereby authorized and directed to execute the First a ci 17 Amendment to the Consultant Services Agreement with Flores & Associates to continue to provide y a 18 assistance to the Housing Division, and increase the amount of the contract by $80,500 for a total 06 N d 19 amount not to exceed $130,499. A copy of said First Amendment to Consultant Services o 20 Agreement is attached hereto as Exhibit"A" and incorporated herein by reference. N a 21 SECTION 2: The authorization to execute the above referenced First Amendment to a E 22 Consultant Services Agreement is rescinded if the parties to the Amendment do not execute it within 23 60 days of the passage of this Resolution. a 24 25 26 27 28 Packet Pg.84 5.F.b 1 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 CONSULTANT SERVICES AGREEMENT 4 BETWEEN THE CITY OF SAN BERNARDINO AND FLORES & ASSOCIATES. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a� 7 City Council of the City of San Bernardino, California, at a meeting thereof, held on January 23, M U 0 8 2017,by the following vote, to wit: a 9 c Council Members: AYES NAYS ABSTAIN ABSENT 10 0 11 MARQUEZ U- co0 M 12 BARRIOS c 13 VALDIVIA r 0 14 SHORETT T 15 NICKEL 16 Y RICHARD 17 y 18 MULVIHILL a� 19 0 v_ 20 Georgeann Hanna, CMC, City Clerk N a 21 The foregoing Resolution is hereby approved this day of , 2017. 22 �a r 23 a 24 R. Carey Davis, Mayor City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 Packet Pg. 85 S.F.c I FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT 2 BETWEEN THE CITY OF SAN BERNARDINO AND FLORES & ASSOCIATES 3 4 THIS FIRST AMENDMENT is made and entered into as of January 23, 2017, by 5 and between the CITY OF SAN BERNARDINO ("CITY") and FLORES & 6 ASSOCIATES ("CONSULTANT"). In consideration of the mutual covenants and 7 conditions set forth herein, the parties agree as follows: y Q 8 1. This Amendment is made with respect to the following facts and purposes: _ 9 a. On September 6, 2016, the CITY and CONSULTANT entered into a 0 10 that certain agreement entitled "Consultant Services Agreement U- 0 11 between the City of San Bernardino and Flores & Associates." co 12 ("Agreement") for $49,999. d E 13 2. Section 2.0 Compensation is hereby amended to increase the amount by E 14 $80,500 for a total amount not to exceed$130,499. Q 15 3. Except for the changes specifically set forth herein, all other terms and U- d 16 conditions of the Agreement shall remain in full force and effect. w 17 c r 18 IN WITNESS THEREOF,the parties hereto have caused this First Amendment to Q 19 be executed by and through their respective authorized officers, as of the date first above y a 20 written. c ca y 21 2 22 CITY OF SAN BERNARDINO CONSULTANT .2 Q Cn 23 By: By: a. Mark Scott Edward L. Flores 24 City Manager Flores &Associates E 25 APPROVED AS TO FORM: a 26 27 By: Gary D. Saenz 28 City Attorney Packet Pg.86 AIM*% CONSULTANT SERVICES AGREEMENT BETWEEN FLORES Sk ASSOCIATES AND CITY OF SAN BERNARDINO This Consultant Services Agreement is entered into this 6'h day of September,2016, by and between Flores& Associates ("CONSULTANT") and the City of San Bernardino ("CITY" or"San Bernardino"). WHEREAS, the San Bernardino list department is in need of consultant to provide services to the City of San Bernardino; 0 WHEREAS, The CONSULTANT has the expertise to provide such services as (n described in Exhibit"A"; NOW,THEREFORE,the parties hereto agree as follows: (n P 0 1.0. SERVICES PROVIDED BY CONSULTANT U- CD M 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall 00 advise and counsel the City Manager regarding general administration of the City's Housing Office; including, but not limited to administration of Federal and State housing and community E development programs, coordination with other local housing programs, provisions of homeless services, and management of professional and office staff and functions. If a conflict arises between the Proposal and this Consultant Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by 0 CONSULTANT pursuant to this Agreement shall be provided by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional CONSULTANT in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that they are familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT performance of this Agreement. CONSULTANT further represent that no CITY employee will provide any services under this Agreement. Cn 1.3. Warranty. CONSULTANT warrant that they shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws E including,but not limited to,those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers'compensation insurance < and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims,demands,payments, suits,actions,proceedings, and Packet Pg. 87 judgments of every nature and description including reasonable attorneys'fees and costs, presented,brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in,nor permit their officers, employees or agents to engage in,discrimination in employment of persons because of their race,religion, color,national origin,ancestry,age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 0 W 1.5 Non-Exclusive Agreement. CONSULTANT acknowledge that CITY may enter into agreements with other CONSULTANT for services similar to the services that are subject to CU this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. U_ 1.6. Delegation and Assignment. This is a personal service contract,and the duties set Co forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s)as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT E sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at N all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 0 1.8 CITY Business Certificate. CONSULTANT shall,prior to execution of this Agreement, obtain and maintain during the term of this Agreement,a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and (D any and all other licenses, permits,qualifications, insurance and approvals of whatever nature 0 that are legally required of CONSULTANT to practice their profession, skill or business. 4- Cn 2.0. COMPENSATION AND BILLING E 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid at the rate of$200.00/hour for a total amount not to exceed$49,999 as set forth in the Scope of Services. Packet Pg. 88 10MONNOWN� 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the Scope of Services specified in this agreement. Unless the CITY, prior to CONSULTANT performing the additional services,approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval. Said invoice shall be based on the total of all CONSULTANT services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT invoice within forty-five (30)days from the date CITY receives said invoice. The invoice shall describe in detail,the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall 0 identify the number of the authorized change order,where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three(3)years from the Effective Date. U- co 3.0. TERM AND NOTIFICATION. 7T. 3.1. Term. This Agreement shall commence on the Effective Date and continue E through the completion of services as set forth in the Scope of Services unless the Agreement is previously terminated as provided for herein. N 3.2 Termination. CITY or CONSULTANT may terminate the services provided under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In .2 the event of termination, CONSULTANT shall be paid the reasonable value of services rendered 0 to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in their performance of this Agreement shall be delivered to the CITY within ten(10)days of delivery of termination notice to CONSULTANT,at no cost to 0 CITY. Any use of uncompleted documents without specific written authorization from 4 CONSULTANT shall be at CITY's sole risk and without liability or legal expense to Cn CONSULTANT. E U .00ft, Packet Pg. 89 4.0. GENERAL PROVISIONS 4.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 4.2. Notices. Any notices,documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be 0 deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b)at the time of transmission if such communication is sent by facsimile; and c)48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such CU communication is sent through regular United States mail. 0 U- IF TO CONSULTANTS: IF TO CITY: CD M co Edward L Flores Mark Scott Flores &Associates City Manager E 33316 Bellamy Lane 300 North D Street Menifee,CA 92584 San Bernardino, CA 92418 4.3. Attorneys'Fees: In the event that litigation is brought by any party in connection U with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees,incurred by the prevailing party in the 0 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 4.4. Governing L . This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of Cn laws. In the event of any legal action to enforce or interpret this Agreement,the parties hereto a. agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San W E Bernardino County, California. fa Packet Pg. 90 4.5. Assignment: CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT interest in this Agreement without CITY's prior written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT obligation to perform all other obligations to be performed by CONSULTANTS hereunder for the term of this Agreement 4.6. Indemnification and Hold Harmless. CONSULTANT shall protect,defend, indemnify and hold harmless CITY and its elected and appointed officials,boards,commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, U administrative actions,penalties, liabilities and expenses,including reasonable attorney fees, 0 damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers'compensation claims arising from or in any way related to CONSULTANT performance under this Agreement, except when caused cu solely by the CITY's negligence. 0 U- 4.7. Independent Contractor. CONSULTANT,at all times while performing under this Agreement, are and shall be acting at all times as independent contractors and not as agents co :S or employees of CITY. CONSULTANT shall secure, at their expense, and be responsible for any and all payment of wages, benefits and taxes including,but not limited to, Income Tax, E Social Security, State Disability Insurance Compensation,Unemployment Compensation, and other payroll deductions for CONSULTANT and their officers,agents, and employees, and all business busilicenses, if any are required,in connection with the services to be performed hereunder. N Neither CONSULTANT nor their officers,agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance,unemployment compensation,medical insurance, life insurance, paid vacations,paid holidays,pension, profit sharing or social security on account of CONSULTANT 0 and their officers', agents'and employees`work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 4.8 Conflict of Interest Disclosure: CONSULTANT or their employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which(1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2)prohibits such persons from making or participating in CD making decisions that will have a foreseeable financial affect on such interest. E Packet Pg. 91 CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. F4 4.9. Responsibility for Errors. CONSULTANT shall be responsible for their work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall,at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 4.10. Prohibited Employment. CONSULTANT shall not employ any current employee 0 of CITY to perform the work under this Agreement while this Agreement is in effect. 4.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and V) negotiation of this Agreement and in the performance of its obligations hereunder except as P 0 expressly provided herein. U- 4.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole 00 benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this E Agreement. 4.13. Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or U accurate description of the content thereof and shall not in any way affect the meaning or 2 interpretation of this Agreement. 0 4.14. Amendments. Only a writing executed by all of the parties and approved by < Council if over$50,000 hereto or their respective successors and assigns may amend this M Agreement. 4.15. Waiver. The delay or failure of either party at any time to require performance or U- compliance by the other of any of its obligations or agreements shall in no way be deemed a U) waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy E with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. < Packet Pg. 92 5 F.d 4.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not atTect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 4.17. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 4.18. Corporate Authority. The persons executing this Agreement on behalf of the r parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. Q a C m L 0 U. 0 M CO d' C W E d Q1 L Q N t V r a 0 Q C cn a� L 0 Cn a. c a� E �a Q Packet Pg.93 CONSULTANT SERVICES AGREEMENT BETWEEN FLORES & ASSOCIATES AND CITY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have caused dais Agreement to be executed by and through their respective authorized officers,as of the date first above written. CONSULTANT Dated: 2016 By: Edward L. Flores 0 Flores&Associates U) (n P 0 U- Dated 2016 CITY OF SAN BERNARDINO co By: Mark Scott,City Manager E 0 a) as N U Rf O (n 4) 0 4 co a. E Flores and Associates Agreement-9-6-16 Packet Pg.94