The URL can be used to link to this page

Home My WebLink About25E - AGMT - DEVELOPMENT AND PROJECT MANAGEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 5, 2013 TITLE: AMENDMENT TO CONSULTANT AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. FOR DEVELOPMENT AND PROJECT MANAGEMENT SERVICES CITY MANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1$1 Reading ? Ordinance on Z' Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached Amendment to Consultant Agreement with Rosenow Spevacek Group, Inc. to increase the compensation by an additional amount of $50,000, for a total aggregate amount not to exceed $75,000, subject to non-substantive changes approved by the Executive Director and City Attorney. DISCUSSION On March 1, 2011, the City entered into a Consultant Agreement with Rosenow Spevacek Group, Inc. (RSG) having special skills and knowledge in the field of development consulting services and project management for $25,000, per City Manager contracting authority. To date, approximately $15,000 is remaining on the contract. Staff is requesting City Council approval to increase the contract amount to $75,000 to assist with ongoing City projects and programs due to staffing constraints. As the City continues to move forward with its development activities, it is critical that adequate staffing be available to support this effort. With loss of staff with expertise in development/project management over the last two years, there is a need to fill that void at least temporarily with consultant services so the City can continue its momentum in implementing vital projects and programs. RSG has played a valuable role over approximately the last month assisting under an existing contract with such projects as the YMCA and Third and Broadway Garage Request for Proposals. Work on these projects is anticipated to continue with additional support needed for other projects and activities. The amended agreement incorporates changes to the scope, updates to the fee schedule, and an increase in the total contract amount. The Scope of Work is being modified to remove unnecessary services and instead focus on: project advisory services, assistance with implementation of City programs and projects, review of development opportunities, and 25E-1 Amendment to RSG August 5, 2013 Page 2 assistance with the potential development of city-owned properties, in addition to seeking alternative approaches to financing post-redevelopment. It is anticipated that the added funds will provide approximately 10 hours per week of support for 12 months (or 15 hours per week for 9 months) for City projects and activities. RSG staff has the requisite specialized skills and expertise in the area of project/program management and implementation, particularly with respect the unique structure and requirements of municipalities. It is recommended that RSG's contract be amended to provide a means to supplement CDA's efforts to continue creating, pursuing and/or implementing development opportunities and programs. A concurrent request for action for an agreement not to exceed $25,000 is on the Housing Authority agenda for RSG to provide assistance specific to Housing Authority projects as necessary. FISCAL IMPACT Funds are available in the Community Activities Non-Departmental Contract Services- Professional account (no. 01105810-62300). Sandra D. Gottlieb Acting Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: *nQm ?ZA:? Francisco Gutierrez Executive Director Finance & Management Services Agency SDG/kg Exhibit: 1. Amendment 25E-2 EXHIBIT 1 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this _ day of August, 2013, by and between Rosenow Spevacek Group, Inc., a California Corporation (hereinafter "Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City entered into a Consultant Agreement with Consultant dated March 1, 2011 (Agreement 4N-2011-073) to retain a professional firm having special skill and knowledge in the field of development consulting and project management. B. The parties desire to amend said Agreement to increase the contract amount, revise the fee schedule, and modify the scope of work. 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 Services", shall be amended to modify the Scope of Work as set forth in the amended Scope of Services and Proposal from Consultant dated , 2013, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3 of the Agreement, "Compensation", shall be amended to include an additional Fifty Thousand Dollars ($50,000.00) for a total not to exceed amount of Seventy Five Thousand Dollars ($75,000.00). 3. Section 4 of the Agreement, "Independent Contractor", shall be amended to add the following clause: "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." 4. All other terms and conditions included in said Agreement shall have the same force and effect and remain unchanged. 25E-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Kevin O'Rourke Interim City Manager CONSULTANT Kathleen Rosenow Principal Tax ID# 95-3435849 25E-4 EXHIBIT A • INTELLIGENT COMMUNITY DEVELOPMENT July 17, 2013 Mr. Kevin O'Rourke, Interim City Manager CITY OF SANTA ANA Civic Center City Hall Santa Ana, CA 92701 AMENDMENT TO PROPOSAL FOR CONSULTANT SERVICES Dear Mr. O'Rourke: Via Electronic Mail Rosenow Spevacek Group, Inc. (RSG) is pleased to present an amended proposal to the City of Santa Ana to continue to provide interim development and project management consultant services to the Community Development Agency to accommodate staffing needs. RSG is able to provide general community development services on a time-and materials basis. Consultant scope of services Includes all aspects of project management and implementation and other services directed by staff. Specific assignments may include but are not limited to the following: • Project Advisory Services • Implementation of City Projects and Programs • Review of Development Opportunities • Assistance with Potential of Development City-owned Properties • Alternative Approaches to Financing Post-redevelopment Our Services would be charged on a time-and-materials basis, in accordance with our current fee schedule: Principal/Director Senior Associate Associate Manager/Consultant Senior Analyst Analyst Research Assistant Technician Reimbursable Expenses 25E-5 $195 $160 $140 $125 $110 $90 $70 $60 Cost plus 10% i.OMMUNIfY INVf51MFM E IMPROV(. MENI 0( AL oVV[RNMI 1,11 SVLUtI()N5 IINAMCIAL ANALYSI6 RL Al I-',IAIE I III VI_.OI MINI I IOU'dM(, 92101-4502 W ERRNG. C OM ROSENOW SPEVACEK GROUP INC. T 714 541 4565 509 WEST 4TH STREET F 114 5411175 SANTA ANA. CA E INFOu WFBRSG COM Mr. Kevin O'Rourke CITY OF SANTA ANA July 17, 2013 Page 2 RSG does not charge clients for mileage, parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, teleconferencing services, and third party data if required, such as CoStar Real Estate Reports. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate Thank you for the opportunity to assist the City. If you have any questions, please do not hesitate to contact me. Sincerely, ROSENOW SPEVACEK GROUP, INC Kathy Rosenow Principal 25E-6