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HomeMy WebLinkAbout25F - AGMT - PROJECT AND PROGRAM MANAGEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 21, 2013 TITLE: AMENDMENT TO CONSULTANT AGREEMENT WITH KEYSER MARSTON ASSOCIATES FOR DEVELOPMENT PROJECT AND PROGRAM MANAGEMENT SERVICES CAI? CITY MANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2od 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 Keyser Marston Associates to increase the compensation by an additional amount of $20,000, for a total aggregate amount not to exceed $70,000, subject to non-substantive changes approved by the Executive Director and City Attorney. DISCUSSION On January 7, 2013, the City amended a Consultant Agreement with Keyser Marston Associates, a firm having specialized skills and knowledge in the field of financial consultation and development. The current funding and scope are targeted specifically for financial consulting associated with two downtown development sites and the Santa Ana Regional Transportation Center site. Given the recent loss of staff expertise in development and project management, staff is requesting City Council approval to amend the scope to broaden the services to encompass consulting services and project management with respect to various City projects and activities and to increase the contract amount by $20,000. As the City continues to move forward with its economic/development activities, it is critical that staffing for key projects and programs be available to support this effort. With loss of key 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. Keyser Marston has played a valuable role over the years in assisting the city with financial consultation and has the staff expertise to support project and program management services as well. 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 add project and program advisory and implementation services, review of development opportunities, and 25F-1 Amendment to Keyser Marston October 21, 2013 Page 2 assistance with the potential development of city-owned properties, in addition to seeking alternative approaches to financing post-redevelopment. Keyser Marston staff has the requisite specialized skills and expertise in the area of project/program management and implementation, particularly with respect to the unique structure and requirements of municipalities. It is recommended that Keyser Marston's contract be amended to provide a means to supplement the Community Development Agency's efforts to continue creating, pursuing and/or implementing economic/development opportunities and programs. FISCAL IMPACT Funds are available in the Community Activities Non-Departmental Contract Services- Professional account (no. 01105810-62300). APPROVED AS TO FUNDS AND ACCOUNTS: N c Fong, ICP Francisco Gutierrez Interim Exec ivy Dire r Executive Director Community d'ev&lerment Agency Finance & Management Services Agency N F//TE/kg Exhibit: 1. Amendment 25F-2 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 4. All other terms and conditions included in said Agreement shall have the same force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA David Cavazos City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CONSULTANT Keyser Marston Associates, Inc. By: Kathleen Head Title: Managing Principal 25F-4