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Resolution Authorizing Amendment to PSAs.docx

Rialto City Council
January 11, 2022

Document
Resolution Authorizing Amendment to PSAs.docx
Meeting
January 11, 2022
Body
Rialto City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO,CALIFORNIA, Authorizing the City Manager to Amend Professional Services Agreements, CONTRACT SERVICE AGREEMENTS, AND OTHER RELATED AGREEMENTS to Implement the Provisions of Chapter 2.48 – Purchasing, of the Rialto Municipal Code Relating to Additional Services Not Exceeding $100,000 WHEREAS, Rialto Municipal Code Chapter 2.48 provides the regulatory framework for approving the purchase of goods and services; and WHEREAS, Rialto Municipal Code Chapter 2.48 was originally adopted pursuant to Ordinance No. 742 on March 20, 1978, and subsequently amended and updated by various Ordinances; and WHEREAS, on October 12, 2021, the City Council adopted Ordinance No. 1662 to repeal and replace in its entirety the Rialto Municipal Code Chapter 2.48 to update the purchasing regulations to conform to recent state law, incorporating the revisions related to Uniform Guidance, to increase the signature authority for purchases made by or on behalf of the City Manager, and such other purchasing regulations updates as necessary to conform to current state law; and WHEREAS, prior to the City Council’s adoption of Ordinance No. 1662 the provisions of Rialto Municipal Code Chapter 2.48 limited the City Manager’s signature authority to approve purchases and related expenditures to not more than $15,000; and WHEREAS, pursuant to the provisions of Rialto Municipal Code Chapter 2.48 prior to the City Council’s adoption of Ordinance No. 1662, various Professional Services Agreements, Contract Service Agreements, and related contracts and agreements (the “Agreements”) were prepared and approved with provisions allowing for administrative approval of additional services in an amount not exceeding $15,000 of the original contract amount; and WHEREAS, Ordinance No. 1662 was effective November 11, 2021, codifying the adopted and updated Rialto Municipal Code Chapter 2.48; and WHEREAS, Section 2.48.130 “Purchasing authority” of the Rialto Municipal Code establishes a “Signature Authority” of the City Manager to approve purchase orders or enter into contracts for supplies and services in an amount not to exceed one hundred thousand dollars ($100,000); and WHEREAS, Section 2.48.180(2)(a) of “Contract or purchase order amendments” of the Rialto Municipal Code establishes that the “City Manager may approve contract or purchase order amendments for supplies and services if the amendments aggregated with the original contract or purchase order do not exceed the signature authority, subject to an unencumbered appropriation in the funds against which such expenditure is to be charged;” and WHEREAS, Section 2.48.180(2)(b) of “Contract or purchase order amendments” of the Rialto Municipal Code establishes that with contracts or purchase orders approved by the City Council, the “City Manager may approve contract or purchase order amendments for a City Council awarded contract or purchase order up to the signature authority otherwise allowed pursuant to this chapter;” and WHEREAS, to effectuate the provisions of Ordinance No. 1662 and the recently updated Rialto Municipal Code Chapter 2.48 it is necessary to authorize the City Manager to administratively amend the Agreements previously approved with provisions limiting the City Manager’s approval of amendments to the Agreements for additional services to conform to the currently adopted Rialto Municipal Code 2.48.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The Recitals set forth above are true and correct and incorporated herein by reference.

Section 2: The City Manager is authorized to administratively approve amendments to various Professional Services Agreements, Contract Service Agreements, and related contracts and agreements (the “Agreements”) previously prepared and approved prior to the City Council’s adoption of Ordinance No. 1662 updating Rialto Municipal Code 2.48 to allow for the City Manager’s approval of additional services in an amount not exceeding $100,000 of the originally approved contract amount consistent with Section 2.48.180 of the Rialto Municipal Code.

Section 3: This Resolution shall take effect from and after the date of its adoption.

WHEREFORE, this Resolution is passed, approved and adopted this ____ day of ___________, 2022.

DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ____________, 2022.

Upon motion of Councilmember ____________, seconded by Councilmember _______________, the foregoing Resolution No. _______ was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ____________________________________
BARBARA McGEE, City Clerk
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