Exhibit B Page 1 of 2
EXHIBIT B
MAYOR AND CITY COUNCIL FINDINGS
The Mayor and City Council (“Council”) of the City of San Bernardino (“City”) finds and determines as follows:
A. The City possesses legal authority to procure land-management-system implementation, integration, support, and related information-technology services, subject to applicable contracting and procurement requirements.
B. The City requested the All Paid integration and Business Licensing support identified as the Completed Additional Services. Payment is authorized only after the required performance, acceptance, value, nonduplication, documentation, funding, and proper-payee findings are made.
C. The sixty-four thousand thirty-five dollars ($64,035) amount is a maximum, not an automatic payment obligation. Any payment is limited to the verified reasonable value of completed, accepted, and nonduplicative services.
D. Payment for verified and accepted services serves a valid municipal and public purpose and does not constitute a gift of public funds because the City receives adequate consideration.
E. The failure to obtain a duly executed amendment before the Completed Additional Services were performed is a contracting defect that the limited ratification does not excuse, validate, or establish as precedent.
F. The Original Agreement cannot be retroactively amended to authorize services already performed. The First Amendment governs only prospective services from and after its effective date, except for the limited payment authority stated in this Resolution.
G. The prior staff-signed change-order documents did not independently amend the Original Agreement. This Resolution does not validate those signatures, waive any City claim or defense, authorize any other past service, or establish that stated amounts are due.
H. The Form W-9 identifies TruePoint Solutions, LLC as the legal tax entity and Gray Quarter and GovPath as doing business as (“DBA”). TruePoint has represented that it became Gray Quarter, Inc.’s successor through a merger. The City may recognize TruePoint as the Consultant and legal payee only after receiving documentation establishing that successor relationship and confirming that TruePoint assumes responsibility for prior obligations. The City must also confirm that required insurance, City business registration, and related documentation are satisfactory. After those conditions are met, references to Gray Quarter or GovPath are references to TruePoint’s DBAs and do not create a separate contracting party.
I. GWiz implementation (in an amount not to exceed $58,500) and Managed Services (in an amount not to exceed $185,000) are prospective and may begin only after applicable procurement, contracting, funding, and written Notice to Proceed conditions are satisfied.
Exhibit B Page 2 of 2
Managed Services are a subscription; annual invoicing may be authorized only under the final approved agreement terms and applicable appropriations.
J. The three hundred seven thousand, five hundred thirty-five dollars ($307,535) increase and two million, four hundred seven thousand, eight hundred seventy-one dollars ($2,407,871) not-to-exceed amount (excluding the unresolved Public Works change order) require Council approval. This Resolution does not authorize contract splitting or work beyond the approved scope and amount.
K. State and Local Fiscal Recovery Funds (“SLFRF”) may be used only after the required eligibility and scope-and-purpose determinations are made and only for eligible costs incurred, performed, and accepted on or before December 31, 2026. Managed Services shall not be funded with SLFRF. An identified non-SLFRF appropriation must cover later or ineligible costs.
L. This Resolution addresses the specific circumstances presented and does not create an exception to the City Charter, Municipal Code, Purchasing Policy, Federal-funding requirements, or other applicable law.
M. Conditional approval of the First Amendment, limited payment authority for Completed Additional Services, and conditional authorization of prospective services are necessary and in the City's best interests because they preserve continuity while requiring defined scope, payment, funding, acceptance, procurement, and accountability controls.