25F - AGMT - PROJECT AND PROGRAM MANAGEMENT

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EXHIBIT 1 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this 21" day of October, 2013, by and between Keyser Marston Associates (hereinafter "Consultant") and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City"). RECITALS A. The City of Santa Ana ("City") entered into a Consultant Agreement with Consultant dated October 1, 2012 (Agreement #N-2012-132 referred to as "said Agreement"), to retain a professional firm having special skill and knowledge in the field of financial consultation and development. The parties amended said Agreement on January 7, 2013. B. The parties desire to amend said Agreement to broaden the Scope of Work and add to the Compensation. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 1 of the Agreement, "Scope of Work", shall be amended to broaden the services to encompass consulting services and project management with respect to various City projects and activities. The Scope of Work is hereby modified to add project and program advisory and implementation services, review of development opportunities, and assistance with the potential development of city-owned properties, in addition to seeking alternative approaches to financing post-redevelopment. 2. Section 3 of the Agreement, "Compensation", shalt be amended to increase the Compensation with an additional Twenty Thousand Dollars ($20,000) for a total not to exceed amount of Seventy Thousand Dollars ($70,000) for professional services rendered to the City. The hourly billing rate schedule for services rendered hereunder are as follows: Managing Principals $280, Senior Principals $270, Senior Associates $187.50, Project Manager $85, and Administrative Staff $80. 3. Section 5 of the Agreement, "Independent Contractor", shall be amended to reflect that Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PERS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov. Code §21220 (c), relating to a public employer's obligations. 25F-3